15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors must follow the standard of care when treating their patients. If a doctor violates accepted medical practices and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when they provide care. If those standards are not followed and if they cause injury or health complications patients may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person had a legal obligation to act in a reasonable way. You then need to prove that the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

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. To enable the expert to make this decision, they will need to be able to look over your medical malpractice lawsuits records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third component of a malpractice claim. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example may result in prescribing the wrong medicine or treatment being given. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to behave with reasonable care and prudence. Doctors are held to an even higher standard however, since they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that govern specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed an obligation to take care of the plaintiff. Then, it must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance, would not run at a traffic light.

In a case of malpractice, experts are usually needed to testify on the standard of care and the way in which it was violated. They can also discuss what caused the accident and what could have prevented it from happening.

Damages

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

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. In order to establish your loss of earnings the medical malpractice lawyer should also prove the number of days you missed work due to your medical condition and also the fact that these absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional, and mental pain as a result of negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic losses through interrogatories, depositions and requests for documents and statements under oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission by an health professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for instance, the error committed by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. To tackle this issue, the 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 any administrative errors which could cause delays to your claim.