Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must follow a standard of care in treating their patients. If a doctor violates accepted medical practices and results in injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide care. A patient might be able to file a lawsuit against a medical professional if those standards aren't being met and the failure causes injuries or health issues.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the person or entity had a legal obligation to act in a reasonable way. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your case. To enable the expert to determine this they must be able review your medical records and conduct an examination or interview of you.

You must also demonstrate that the breach directly led to your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you'll need a direct cause and effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance, could lead to the wrong medication being prescribed or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. 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 duty of care is outlined in laws and standards governing specific types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The standard of care is usually determined by what an ordinary person would do under the same circumstances. For example, a reasonable driver wouldn't run the red light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care that was breached and how the standard was violated. They can also discuss the reason for the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any losses that may arise from medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you missed work due to your medical complications and the fact that the absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages in the form of interrogatories, depositions, and requests for documents and sworn statements.

Statute of limitations

As in every state, medical malpractice New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines stipulated by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date when the negligence or act of a healthcare professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. If, for instance, the error committed by the health professional was part of a continuous treatment plan, then 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 the patient may not realize the problem until a considerable time later, for example, if a foreign body remains in the body following surgery or treatment. For this reason, most states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid administrative mistakes which could delay your claims.