20 Fun Facts About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical practices and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical malpractice law firms profession as being reasonable and prudent in their healthcare. Patients may be legally able to bring a lawsuit against a medical professional if those standards aren't adhered to and the breach causes injuries or health problems.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a reasonable manner. The next step is to prove that the breach of this obligation occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were below the standard of care in your specific case. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview of you.

It is also necessary to prove that the breach of duty directly led you to experience injury. Causation is the third factor in a malpractice lawsuit. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being given. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to conduct themselves with reasonable care and Medical Malpractice Law Firms caution. Doctors are held to higher standards but because they are medical experts and can make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant owed a duty of care to the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the given situation. The quality of care is usually determined by what a typical person would do in the same circumstances. For example the reasonable driver would not speed through the red light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also discuss 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. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your lawyer will determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days you were away from work due your medical problems, Medical malpractice law firms and proving that these days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can provide details of your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy an intimate relationship with your spouse, or any other significant person as you once did. The lawyer representing the defendant will contest your non-economic losses through interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will decide to dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission made by the health professional caused injury or death. As with all laws this rule is not without exceptions. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the treatment is completed or until the patient learns about 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 or patient's family to determine that there was a problem until much later. To address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be well-versed in the laws of your state and will scrutinize your case timeline carefully to avoid any administrative errors that can derail your claims.