How To Save Money On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor medical malpractice lawsuit deviates from the accepted medical standard and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent in providing medical care. If these standards aren't followed and the result is injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. Then, you must show the breach of the obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness will be able to determine if the defendant's actions were below the accepted standard of care in your particular circumstance. The expert will need to review your medical records, and interview or cross-check you to arrive at this conclusion.

You must also be able to establish that the breach of duty directly caused the injuries. Causation is a third element in a claim for malpractice. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being given. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with diligence and medical malpractice lawsuit care. Doctors are held to an elevated standard, however, because they are medical experts and make life-or-death decisions. The obligation of care is defined in the law and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by a duty to care for the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The standard of care is generally determined by what a reasonable person would do in similar circumstances. For instance, a prudent driver wouldn't run an intersection with a red 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 provide a detailed explanation of the cause of the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To bring an action for damages, the plaintiff has to prove 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 malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will be able to establish the medically necessary expenses through a thorough review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work due to medical conditions, and also that these days resulted from the defendant’s negligence.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional and mental suffering as a result of the negligence of the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability to enjoy a loving, sexual relationship with your spouse or any other significant individual as you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss the case. A seasoned New York medical malpractice law firm malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines set by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission committed by the health professional resulted in death or injury. Like all laws, this rule is not without exceptions. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30-month legal "clock" will not start until the treatment is completed or until the patient learns of the diagnosis.

In certain instances the patient may not realize the problem until a considerable time later, for example the case where a foreign body is left within the body after surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will review the timeline of your case carefully to avoid administrative mistakes that could impede your claim.