20 Fun Facts About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries receive compensation for medical malpractice attorney their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from accepted medical practice and it results in an injury or death it could be liable for medical malpractice attorney negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical malpractice law firm profession as being reasonable and prudent in providing treatment. A patient might be eligible to file a claim for medical malpractice if these standards aren't adhered to and the breach causes injuries or health issues.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions fell below the accepted standard in your situation. To enable the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty caused you to experience injury. This is known as causation, and it is the third requirement of a malpractice claim. In most cases you will require a direct cause & result relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and results in an adverse reaction, like a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However doctors are held to a more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatment and procedures.

One of the most important elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For instance, a reasonable driver wouldn't run the red light.

In a lawsuit involving a malpractice experts may be required to provide evidence on the standard of care that was violated and how the standard was breached. They can also describe the reason for the injury and what could be done to stop 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 submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer must also show the number of times you were away from work due to medical conditions and the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the help of a professional who will provide evidence of your physical, emotional and mental pain because of the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under the 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 or else it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines, and will ensure that your claim is submitted before the deadlines set by law.

In most cases, the victim of medical negligence has to bring a suit within two and a half years from the date the act or omission of the health professional resulted in injury or death. However like with all laws there are some exceptions to this rule. For instance, if the error of the health professional was a part of a continual course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations, such as when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. For this reason, most states have enacted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain situations. Your lawyer is aware of the rules of your state and will scrutinize the timeline of your case with care to avoid administrative errors that can derail your claims.