How To Save Money On 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 regulates medical malpractice cases is founded on common law.

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

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent when they provide treatment. If these standards aren't followed and the result is injuries or health problems patients may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the standard of care in your case. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview with you.

You must also prove that the breach directly caused your injury. Causation is a third element in a malpractice claim. In the majority of cases, you will require a direct cause-and- effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance can result in prescribing the wrong medicine or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise care and prudence. Doctors are held to higher standards due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the laws and standards which are applicable to specific types of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for instance would not operate the traffic light.

In a case of malpractice, expert witnesses may be needed to testify on the standard of care that was violated and how the standard was breached. They can also explain what caused the accident and what 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 an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. In order to prove your loss of earnings the medical malpractice lawyer must show the number of times you were absent from work because of your medical condition and also the fact that the absences resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional, and mental pain as a result of the negligence committed by the defendant. Loss of consortium is a different type of non-economic damage. This is the inability to have an intimate relationship with your spouse or other significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn testimony.

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 malpractice lawsuit must be filed, or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines that are set by law.

In the majority of cases, a victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission of an health professional caused injury or death. However as with all laws there are a few exceptions to this rule. For instance, Medical Malpractice Lawyer if the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances, such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In this regard, a majority of states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific laws in your state and will examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.