Why You Need a Medical Malpractice Lawyer

A medical malpractice claim malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice case malpractice claims.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in an injury or death or even death, he could be held responsible for medical malpractice lawyer negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable in providing medical healthcare. If the standards aren't met and that failure causes injuries or health issues patients may be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was bound to act reasonably. Then, you need to prove that the breach of that obligation occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to review your medical records, and also interview or question you in order to make this determination.

You must also be able to prove that the breach of duty caused the injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example, could lead to the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with care and prudence. However doctors are held to an even higher standard because they are medical experts and have to make life and death decisions. The duty of care is found in laws and standards governing certain types of treatments and procedures.

One of the first things that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is typically defined by what an average person would do in similar circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case expert witnesses are often needed to testify on the standard of care and medical malpractice lawyer the manner in which it was breached. They can also provide the cause of the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that may arise due to medical negligence. In order to make a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice case depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney can determine your medically required expenses by examining your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work due your medical issues, and that these days were due to the defendant’s negligence.

Non-economic losses are more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional and mental pain as a result of negligence of the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to have a loving, sexual relationship with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions, and requests for documents and evidence under oath.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed within the deadlines stipulated by law.

In most instances, the victim of medical malpractice must make a claim within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. As with all laws this one is not without exceptions. For instance, if the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

In some cases the patient may not discover the problem until a considerable time later for instance, if a foreign body is left in the body following surgery or treatment. In order to deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules in your state, and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.