Buzzwords De-Buzzed: 10 More Ways To Deliver Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

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

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent in their medical care. A patient could be eligible to file a claim against a medical professional if those standards aren't being met and the result is injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was obligated to act in a reasonable way. You must then prove the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. In order for the expert to make this decision they must be able to review your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to behave with reasonable care and prudence. However, doctors are held to a higher standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is found in laws and standards for specific types of treatment and procedures.

In a case of negligence it is essential to establish that the defendant had a duty to care for the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is generally determined by what a reasonable person would do in the situation. For example, a prudent driver wouldn't run the red light.

In a case of malpractice, experts are usually needed to testify on the standard of care and medical malpractice attorney the way in which it was violated. They can also explain the reason behind the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to submit an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you have missed from work due to medical problems, and medical malpractice attorney proving the reason for these absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can detail your mental, physical, and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different type of non-economic damage. It is the inability to have an intimate relationship with your spouse, or any other significant person like you once did. The attorney representing the defendant will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for documents and statements under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission of medical professionals resulted in death or injury. However, as with all laws there are a few exceptions to this rule. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is complete or the patient learns of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient to realize the issue until much later. Because of this, many states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines under certain circumstances. Your attorney will know the specific rules in your state and will look over your case's timeline in order to avoid administrative errors which could cause delays to your claim.