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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 founded on common law.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If those standards are not followed and if they cause injuries or health issues, a patient may be able to file a medical malpractice lawsuit.

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

This expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular situation. To allow the expert to make this decision they must be able to examine your medical records and conduct an examination or Medical Malpractice Lawsuit interview of you.

You must also establish that the breach directly led to your injury. This is known as causation and it is the third element in a negligence claim. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in prescribing the wrong medicine or treatment being given. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to conduct themselves with reasonable care and with caution. However, doctors are held to an even higher standard since they are considered medical experts who make life and death decisions. The obligation of care can be found in the laws and standards that govern specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proved 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 generally determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a malpractice case experts could be required to testify about the standard of care that was breached and how this standard was violated. They can also provide the reason for the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer has to show the number of times you missed work because of your medical conditions and the fact that these missed work days were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional and mental suffering as a result of the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents and sworn statements.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In the majority of instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date on which the negligence or act of a health care provider resulted in the death or injury. As with all laws, this rule is not without exceptions. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month legal "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

Additionally, in some cases, such as when an object that is foreign remains in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. This is why many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the specific laws in your state, and will carefully review your case timeline to avoid any administrative errors that could delay your claim.