15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide treatment. If these standards aren't adhered to and the failure results in injuries or health problems the patient could be able to bring a medical malpractice lawsuit.

The first part of 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 was bound to act in a reasonable way. The next step is to prove that the breach of this duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will look over your medical records and interview or examine you in order to arrive at this conclusion.

You must be able to establish that the breach directly led to your injury. Causation is the third element in a malpractice claim. In most cases you will require a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being prescribed and in turn causes an adverse reaction like heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The duty of care is set in the laws and standards that govern specific types of treatments and procedures.

One of the first things that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it must be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The quality of care is usually determined by what an ordinary person would do under similar circumstances. For instance the reasonable driver would not stop at the red light.

In a lawsuit involving a malpractice experts may be required to testify regarding the standard of care that was breached and how the standard was breached. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential loss that may result due to medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses through a thorough review of your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days that you missed from work because of medical conditions, and also the reason for these absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can provide details of your mental, physical, and emotional pain that is 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 the non-economic damages you suffer through interrogatories, depositions, and requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission of medical professionals caused the death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In certain instances, a patient may not discover the problem until a long time after for instance when a foreign object remains in the body following surgery or treatment. Because of this, many states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer is aware of the rules of your state and will examine the timeline of your case carefully to avoid administrative errors that could impede your claim.