20 Fun Facts 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 governs medical malpractice cases is founded on common law.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor Medical malpractice Lawyer is not following the accepted medical norms and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. If the standards aren't followed and if they cause injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act with reasonable care. The next step is to prove that the breach occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in the particular case. To enable the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly caused your injury. Causation is a third element in a claim for malpractice. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Like everyone else medical professionals, medical malpractice lawyer doctors are under a legal obligation to act with diligence and care. Doctors are held to higher standards however, since they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that are situated for specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standard of care in the given circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. For instance the reasonable driver would not speed through a red light.

In a case of negligence, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also provide a detailed explanation of how the injury was caused 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 cover any potential damages that could result due to medical negligence. In order to bring an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer defends your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer must establish the number of days you were off work because of your medical malpractice law firm issues and the fact that these absences were the result of 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 suffering due to the negligent actions of the defendant. Loss in consortium is another type of non-economic injury. This is the inability to enjoy a romantic, sexual connection with your spouse or any other significant individual as you used to. The lawyer representing the defendant will contest your non-economic damages through interrogatories, depositions and requests for documents and statements under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In the majority of instances, the victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the act or omission of a medical professional resulted in the death or injury. However like all laws there are some exceptions to this rule. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the treatment is completed or until the patient is informed of the diagnosis.

In some cases patients may not recognize the problem until quite a while later for instance the case where a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration which could delay your claims.