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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor is not following accepted medical practice and it causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide care. If these standards aren't met and that failure causes injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was bound to act with reasonable care. Then, you need to prove the breach of the duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

This expert witness will determine if the defendant's actions are in violation of the accepted standard of care in the particular case. In order for the expert to make this determination, they will need to be able review your medical records and conduct an examination or interview of you.

You must also prove that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a duty to act with reasonable care and prudence. However, doctors are held to an even more stringent standard because they are considered medical experts and are able to make life and death decisions. The obligation of care is defined in the rules and regulations that govern specific types of procedures and treatments.

In a negligence case it is important to establish that the defendant had a duty to care for the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for instance would not use at a traffic light.

In a malpractice case experts are usually needed to testify on the standard of care and the way in which it was violated. They can also describe the cause of the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to file an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away from work due your medical problems, and proving the reason for these absences were due to the negligence of the defendant.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional and mental distress due to the negligent actions of the defendant. Loss of consortium is a second type of non-economic injury. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant individual as you once did. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of depositions, interrogatories, and demands for documents and declarations under swearing.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed prior to the deadlines that are set by law.

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission made by the health professional caused the injury or death. Like all laws, this one is not without exceptions. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is complete or the patient learns of the diagnosis.

In some cases the patient may not recognize the problem until a considerable time later for instance when a foreign object remains within the body after surgery or treatment. In order to tackle this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes which could delay your claims.