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 must follow a standard of care in treating their patients. If a doctor is not following the accepted medical norms and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent in their care. A patient may be in a position to file a lawsuit for Medical Malpractice medical malpractice if the standards aren't being met and the failure results in injuries or health problems.

The first step in a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable manner. You must then prove the breach occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular case. To allow the expert to make this decision they must be able review your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you'll require a direct cause and effect relationship between the breach of duties 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 a heart attack.

Breach of Duty

As with all people, have a legal obligation to conduct themselves with reasonable care and with caution. Doctors are held to a higher standard, however, because they are medical malpractice lawsuit experts and make life-or-death decisions. The obligation of care is defined in the law and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant had a duty to care for the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is usually determined by what a typical person would do under the same situation. For instance the reasonable driver would not stop at a red light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was not met and the manner in which this standard was violated. They can also discuss the reason behind the injury and medical malpractice explain how they could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to file a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses through a review your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were absent working due to medical conditions, and also that these missed days resulted from the defendant’s negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who will give evidence about your physical, emotional, and mental pain because of the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission made by a health care provider caused death or injury. As with all laws, this rule has its exceptions. For instance, if the error committed by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. 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 aware of the rules of your state and will examine the timeline of your case with care to avoid any administrative errors which could delay your claims.