15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in providing medical care. Patients may be in a position to file a lawsuit for medical malpractice if those standards aren't met and the failure results in injuries or health complications.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. The next step is to prove that the breach of that duty occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular situation. To enable the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty directly led you to experience injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example may result in prescribing the wrong medication or treatment being given. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and prudence. However doctors are held to an even higher standard because they are medical experts and are able to make life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatment and procedures.

In a case of negligence it is important to establish that the defendant had a duty to care for the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For instance an honest driver wouldn't run the red light.

In a case of negligence, expert witnesses are often needed to testify on the standard of care and the way in which it was violated. They can also discuss how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a lawsuit, the plaintiff must prove 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 attorney argues for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were absent from work because of medical conditions, and also that these missed days resulted from the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can detail your physical, mental and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant person in the same way you once did. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories and depositions along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines, Medical Malpractice lawyer and will ensure that your claim is filed before the deadlines set forth by law.

In most instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the act or omission of a medical professional caused the injury or death. As with all laws, this one is not without exceptions. If, for example, the error made by the health care provider was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in some cases like when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. For this reason, most states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws in your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.