15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

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

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when providing care. If the standards aren't adhered to and the failure results in injury or health complications patients may be able to sue for medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. You then need to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

This expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. To allow the expert to make this decision they must be able to look over your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty caused you to experience injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause and result connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The obligation of care is defined in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it must be proved that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is generally determined by what a reasonable person would do in the situation. For instance, a reasonable driver would not speed through an intersection with a red light.

In a case of malpractice experts may be needed to testify on the standard of care that was violated and the way in which this standard was breached. They can also describe how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, the testimony of experts and the assistance of economic experts. For the loss of your earnings Your medical malpractice lawyer must demonstrate the number of days you missed work because of your medical condition and also the fact that these missed work days resulted from the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can describe your physical, mental, and emotional distress as direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed before the deadlines set by law.

In the majority of cases, victims of medical malpractice has to make a claim within two and a half years of the date when the negligence or act of a healthcare professional caused the injury or death. However, as with all laws there are some exceptions to this rule. If, for instance the error committed by the health care provider was part of a continuing course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances, such as when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient to realize the issue until much later. For this reason, most states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware of specific rules in your state and will carefully review your case timeline to avoid administrative errors which could cause delays to your claim.