Are You Getting The Most Out Of Your Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is not following the accepted medical norms and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical healthcare. If the standards aren't met and that failure causes injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act reasonably. Then, you need to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

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

You also need to establish that the breach of duty directly led the 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 an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and prudence. However doctors are held to a more stringent standard because they are considered medical experts who make life and death decisions. The obligation of care is found in laws and standards governing specific kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant had the duty of care for the plaintiff. Then, it needs to be proved that the defendant violated that duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is typically determined by what a reasonable person would do in similar circumstances. For instance an honest driver would not stop at when there is a red light.

In a malpractice case expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. 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 show both financial losses (such medical malpractice attorneys expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of money you will receive from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to establish the medically necessary expenses through a review your medical records, testimony from experts and the assistance of economic experts. For your loss of earnings your medical malpractice lawyer must prove the number of days you were away from work due to your medical conditions and the fact that these absences resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional and mental distress because of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic losses through a process of interrogatories, depositions, and requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there are specific time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines established by law.

In the majority of instances, the victim of medical malpractice must present a lawsuit within two and a half years of the date that the act or omission of a healthcare professional caused the injury or death. As with all laws, medical Malpractice lawyer 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 statutory "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.

Additionally, in some cases such as when a foreign object is found in the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. In order to tackle this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific rules of your state, and will carefully look over your case's timeline in order to avoid administrative errors that can derail your claim.