15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in providing healthcare. A patient could be legally able to bring a lawsuit for medical malpractice if these standards aren't being met and the breach causes injuries or health problems.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they had a duty to act reasonably. Then, you have to prove that the breach of this obligation occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions were below the accepted standard of care in your particular situation. The expert will need to look over your medical records and also interview or question you in order to arrive at this conclusion.

You should also be able to establish that the breach of duty caused you to suffer injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered, which results in an adverse reaction, like a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with the utmost care and caution. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For instance, a prudent driver would not stop at the red light.

In a malpractice case experts could be needed to testify on the standard of care that was violated and the manner in which this standard was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that may arise due to medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice lawyers malpractice attorney defends your losses. Your attorney can prove your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. For the loss of your earnings the medical malpractice lawyer must show the number of times you were away from work due to your medical issues and the fact that the absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of a professional witness who can detail your physical, mental, and emotional suffering as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic injury. This is the inability of having an intimate, sexual relationship with your spouse or another significant individual as you used to. The lawyer for the defendant will contest your noneconomic damages by way 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 limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney - to Mspeech - who has experience will be aware of the specifics of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years of the date that the act or omission made by a health care provider resulted in the death or injury. However like with all laws there are a few exceptions to this rule. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some instances the patient may not be aware of the issue until a long time after, for example in the event that a foreign substance remains within the body after surgery or treatment. Because of this, many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be familiar with the rules of your state and will scrutinize your case timeline carefully to avoid administrative errors that can derail your claims.