Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical practices and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as being reasonable and prudent when they provide treatment. If these standards aren't adhered to and the failure results in harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. You must then prove the breach occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

An expert witness can determine whether the defendant's actions are not in line with the accepted standards in your specific case. The expert will look over your medical records and then interview or testify against you in order to make this determination.

You must be able to establish that the breach directly caused your injury. Causation is a third element in a malpractice claim. In most cases, you'll require a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that results in an adverse reaction, such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. Doctors are held to an even higher standard but because they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the regulations and standards which are applicable to specific kinds of treatments and procedures.

One of the first things that must be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance would not operate a traffic light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was not met and how this standard was breached. They can also describe the cause of the injury and explain how they could 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. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish your medically necessary expenses through a review of your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you have missed from work because of medical issues, and the fact that these days resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will give evidence about your physical, emotional and mental suffering due to the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages through a process of interrogatories, depositions, and requests for factbook.info documents and statements under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission of an health professional resulted in the death or injury. However like all laws there are some exceptions to this rule. If, for instance the error of the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. This is why many states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your attorney will know the specific rules in your state and will review your case timeline to avoid administrative errors that could impede your claim.