If You ve Just Purchased Medical Malpractice Law ... Now What

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

According to common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide healthcare. When those standards are not met and that failure causes injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was bound to act in a reasonable manner. You must then prove the breach occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were below the standard of care in your situation. The expert will review your medical records, and also interview or question you to arrive at this conclusion.

You should also be able to establish that the breach of duty caused you to suffer injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which could result in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However doctors are held to an even higher standard due to the fact that they are considered medical experts and deal with life and death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in the given circumstance. The standard of care is typically determined by what a normal person would do under similar situations. A reasonable driver, for example will not go through the traffic light.

In a case of malpractice experts may be required to testify regarding the standard of care that was breached and how this standard was violated. They can also explain the cause of the injury 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. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer has to prove the number of days you missed work because of your medical complications and the fact that the absences resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can detail your physical, mental and emotional pain as directly resulting from the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your noneconomic damages by way of interrogatories, depositions, as well as requests for documents and sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and ensure that your claim is filed before the deadlines stipulated by law.

In most cases, victims of medical malpractice must make a claim within two and a half years of the date at which the negligence or act of a health care provider resulted in the death or injury. However like with all laws there are some exceptions to this rule. For instance if the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the treatment is completed or until the patient becomes aware of the diagnosis.

In some instances it is possible that a patient will not recognize the problem until quite a while later, for example when a foreign object remains in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer is familiar with the rules of your state and will examine the timeline of your case carefully to avoid any administrative errors which could delay your claims.