Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is not following the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. A patient may be legally able to bring a lawsuit against a medical professional if those standards aren't met and the failure results in injuries or health complications.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was bound to act reasonably. Then, you need to prove that the breach of that duty occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions fell below the accepted standard of care in the particular case. To enable the expert to arrive at this conclusion they must be able to look over your medical malpractice case records and conduct an examination or interview with you.

You must be able to establish that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In most cases, you'll require a direct cause-and- result relationship between the breach of duties and the resulting injury. A misdiagnosis, for example may result in prescribing the wrong medicine or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and caution. However doctors are held to an even higher standard due to the fact that they are medical experts who make life and death decisions. The responsibility of medical care is described in the rules and regulations that apply to certain kinds of treatments and procedures.

In a negligence case it is vital to prove that the defendant was bound by a duty to care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For instance, a prudent driver would not run a red light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and how it was violated. They can also provide a detailed explanation of how the injury occurred and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential loss that may result from medical negligence. In order to file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for medical malpractice claim your losses. Your lawyer will determine your medically required expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. For your loss of earnings Your medical malpractice lawyer must show the number of times you were absent from work due to your medical malpractice litigation issues and the fact that these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will provide evidence of your physical, emotional and mental suffering as a result of infractions committed by the defendant. Loss of consortium is a second type of non-economic harm. This is the inability to maintain a romantic, sexual connection with your spouse or any other significant person in the same way you once did. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed within the deadlines established by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years of the date on which the negligence or act of a medical malpractice litigation professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a continuing treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases patients may not realize the problem until quite a while later, for example the case where a foreign body remains within the body after surgery or treatment. For this reason, most states have adopted an idea of law known as the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your lawyer will be familiar with the rules of your state and will go over the timeline of your case with care to avoid mistakes in the administration that can derail your claims.