The History Of Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical standard and results in injury or death or even death, he could be held responsible for medical malpractice lawsuit negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent in providing medical care. If these standards aren't followed and the result is injuries or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable manner. You must then prove that the breach occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were below the standard of care in your specific case. The expert will look over your medical records and then interview or testify against you to make this decision.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third component of a negligence claim. In the majority of cases, you will require a direct cause & result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction like heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts and have to make life and death decisions. The duty of care is set in the rules and regulations that apply to certain types of procedures and treatments.

In a negligence case it is crucial to prove that the defendant had the duty of care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor medical malpractice lawsuit failed to meet the standard of care in the given circumstance. The standard of care is generally determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance will not go through a traffic light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care violated and how the standard was violated. They can also provide the cause of the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result from medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such medical 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 how your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to establish the medically necessary expenses through a review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed from work due to medical problems, and proving that these missed days were a result of the negligence of the defendant.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional pain as a direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories, depositions, and demands for documents and declarations under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed before the deadlines specified by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date at which the act or omission of a medical malpractice law firms professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for instance, the error committed by the health professional was a part of a continual course of treatment, the "clock" of 30 months cannot begin until the treatment is completed or the patient has been informed of the diagnosis.

In some instances the patient may not be aware of the issue until a long time after for instance in the event that a foreign substance remains within the body after surgery or treatment. Because of this, many states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific laws of your state and will carefully review your case timeline to avoid administrative errors that could impede your claim.