20 Things You Must Know About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practices and causes injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide treatment. If those standards are not met and that failure causes injury or health complications, a patient may be able to file a medical malpractice law firms malpractice lawsuit.

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 had a duty to act in a reasonable way. Then, you must show that the breach of this duty occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in your particular circumstance. To enable the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being prescribed and in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and prudence. Doctors are held to a higher standard but because they are medical experts and make life-or-death decisions. The duty of care is set in the law and standards that apply to certain types of procedures and treatments.

In a case of negligence it is vital to prove that the defendant had the obligation of taking care of the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The quality of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for example would not use the traffic light.

In a malpractice case, expert witnesses may be required to testify about the standard of care that was breached and how this standard was violated. They can also describe what caused the accident 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 due to medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such Medical malpractice law firms expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. In order to prove your loss of earnings Your medical malpractice lawyer has to establish the number of days you missed work because of your medical issues and the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional and mental distress due to the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under oath.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed by the deadlines that are set by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date on which the negligence or act of a health care provider caused the injury or death. Like all laws, this rule has its exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not start until the treatment is completed or the patient becomes aware of the diagnosis.

In some instances, Medical Malpractice Law Firms a patient may not recognize the problem until quite a while later for instance, if a foreign body is left within the body after surgery or treatment. In order to tackle this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules of your state and will carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.