15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being sensible and prudent in providing care. When those standards are not met and that failure causes injury or health complications the patient could have grounds to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. The next step is to prove that a breach of that obligation occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will examine your medical records and interview or examine you to make this decision.

You must be able to establish that the breach directly led to your injury. This is known as causation, and it is the third component of a negligence claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and medical malpractice law firms the resulting injury. A mistake in diagnosis, for instance, could lead to prescribing the wrong medicine or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal duty to act with reasonable care and prudence. However, doctors are held to a higher standard since they are considered experts in medicine who make life and death decisions. The responsibility of medical care is described in the law and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by an obligation to take care of the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is generally determined by what a reasonable person would do under the circumstances. For instance the reasonable driver would not run the red light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was not met and the way in which this standard was breached. They can also discuss the reason for the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that might arise due to medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can establish your medically necessary expenses through a thorough review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work because of medical conditions, and also the fact that these days were the result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who will provide evidence of your physical, emotional and mental distress as a result of the negligent actions of the defendant. Loss in consortium is another type of non-economic injury. This is the inability of having an intimate, sexual relationship with your spouse or another significant person in the same way you once did. The defendant's attorney will challenge your non-economic damages through a process of interrogatories, depositions, and requests for documents and statements under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not, the court will dismiss it. A seasoned New York medical malpractice law firms malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed before the deadlines established by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date when the negligence or act of a medical professional caused the injury or death. As with all laws, this rule has its exceptions. For instance when 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 that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some instances the patient may not be aware of the issue until a long time after, for example the case where a foreign body remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules in your state and carefully look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.