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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

According to 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 practice and results in injury or death, then he 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 being reasonable and prudent when they provide treatment. A patient may be able to file a lawsuit for medical malpractice if the standards aren't being met and the result is injuries or health complications.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act in a reasonable manner. Then, you need to prove that the breach of that obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness can determine if the defendant's actions were less than the accepted standard in your particular case. In order for the expert to make this determination, they will need to be able to look over your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly caused you to suffer injuries. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and that results in an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a duty to act with reasonable care and prudence. Doctors are held to an elevated standard, however, because 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 treatments and procedures.

In a negligence case it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the given circumstance. The quality of care is usually determined by what a typical person would do under similar situations. For example an honest driver would not stop at the red light.

In a case of negligence, experts are usually needed to testify on the standard of care and how it was violated. They can also discuss how the injury was caused and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical malpractice lawyers negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you are awarded from a successful malpractice suit depends on how your New York medical malpractice lawyer defends your losses. Your lawyer will establish your medically necessary expenses through a thorough review of your medical records, evidence from experts, and the use of economic experts. For your loss of earnings your medical malpractice lawyer has to show the number of times you missed work because of your medical condition and also the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional pain that is direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed within the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date at which the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws this law is not without exceptions. If, for example, the error of the health care provider was part of a continuing course of treatment, the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some cases patients may not discover the problem until a considerable time later, for example when a foreign object remains in the body following surgery or treatment. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is aware of the rules of your state and will go over the timeline of your case with care to avoid any administrative errors that could cause delays to your claim.