Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, the doctor could be held liable for negligence.

Duty of Care

medical malpractice attorneys professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical treatment. If those standards are not adhered to and the failure results in injuries or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

This expert witness will determine if the defendant's actions fell below the accepted standard of care in the particular case. To allow the expert to determine this, they will need to be able to review your medical records and conduct an examination or interview with you.

You must also show that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In most cases, you'll require a direct cause-and- result connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance can result in prescribing the wrong medicine or treatment being administered. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and prudence. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards that apply to certain types of procedures and treatments.

One of the most important elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The quality of care is usually determined by what a typical person would do in the same situation. For instance an honest driver would not run a red light.

In a case of malpractice, experts are often required to testify about the standard of care and the manner in which it was breached. They can also describe the reason for the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that might arise from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, evidence from experts, and the use of economic experts. For your loss of earnings the medical malpractice lawyer should also demonstrate the number of days you were absent from work due to medical complications and the fact that these missed work days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your mental, physical, and emotional pain that is direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of depositions, interrogatories, and requests for statements and documents under swearing.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, a victim of medical negligence must bring a suit within two and a half years from the time the act or omission committed by the health professional caused injury or death. Like all laws, this rule has its exceptions. If, for example, the error made by the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In some cases, a patient may not be aware of the issue until a considerable time later, for example in the event that a foreign substance remains in the body following surgery or treatment. To deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will know the specific laws of your state and carefully review your case timeline to avoid administrative errors which could cause delays to your claim.