10 Misconceptions Your Boss Shares About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

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

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. A patient could be able to file a lawsuit for medical malpractice if those standards aren't met and the result is injuries or health problems.

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. The next step is to prove that a breach of that obligation occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your particular case. The expert will review your medical records, and interview or examine you to make this decision.

You should also be able to prove that the breach of duty directly led you to experience injuries. This is known as causation, and it is the third requirement of a malpractice claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and that can result in an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with the utmost care and caution. However doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care can be found in laws and standards for specific types of treatment and procedures.

In a case of negligence, it is crucial to prove that the defendant was bound by a duty to care for the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For example, a reasonable driver wouldn't run a red light.

In a malpractice case, expert witnesses may be required to testify about the standard of care violated and the manner in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical malpractice lawyers negligence. In order to bring 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 pain and suffering).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney can prove your medically necessary expenses through a thorough review of your medical records, testimony from experts as well as the assistance of economic experts. For your loss of earnings the medical malpractice lawyer should also establish the number of days you were absent from work because of your medical issues and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can explain your physical, mental and emotional suffering as direct result of the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to enjoy an intimate relationship with your spouse or other significant individual as you used to. The lawyer representing the defendant will challenge your non-economic damages in the form of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines stipulated 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 by an health professional caused injury or death. Like all laws, this one is not without exceptions. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the treatment is completed or when the patient learns about the diagnosis.

In some cases, a patient may not realize the problem until a long time later, for example in the event that a foreign substance remains in the body following surgery or treatment. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will know the specific rules in your state, and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.