15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must follow the highest standards of care when treating their patients. If a doctor is not following accepted medical practice and it results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. When those standards are not adhered to and the failure results in injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was obligated to act with reasonable care. Then, you need to prove the breach of the duty occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your situation. The expert will examine your medical records and then interview or testify against you in order to determine this.

You must also be able to establish that the breach of duty caused the injury. This is known as causation and it is the third element in a malpractice claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in the wrong medication being prescribed or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and caution. Doctors are held to an elevated standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the regulations and standards that apply to certain kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is generally determined by what a reasonable person would do in the same situation. For instance, a prudent driver would not stop at when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the way in which it was violated. They can also discuss the cause of the injury and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that may arise from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away working due to medical problems, and medical Malpractice Lawyer proving that these missed days were the result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your mental, physical, and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to maintain an intimate, sexual relationship with your spouse, or any other significant person as you once did. The lawyer representing the defendant will contest your non-economic losses through interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice must file his or her lawsuit within two and a half years from the date when the negligence or act of a health care provider resulted in the death or injury. As with all laws, this rule is not without exceptions. If, for instance the error committed by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the treatment has been completed or the patient has been informed of the diagnosis.

In certain instances, a patient may not realize the problem until a considerable time later for instance the case where a foreign body remains within the body after surgery or treatment. This is why many states have adopted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific laws of your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.