15 Reasons You Shouldn t Overlook Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practices and causes injury or death, they may be held responsible for 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 treatment. If these standards aren't followed and the result is injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first part 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 reasonably. Then, you must show that a breach of that obligation occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your situation. The expert will examine your medical records and also interview or question you to arrive at this conclusion.

You must also prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In the majority of cases, you'll require a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and can result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise the utmost care and caution. However, doctors are held to a more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care can be found in the laws and standards that govern certain types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be proven that the defendant breached that duty of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. For instance, a reasonable driver would not run the red light.

In a malpractice lawsuit experts could be required to testify about the standard of care that was violated and how this standard was violated. They can also explain how the injury was caused and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential losses that might arise from medical negligence. In order to make a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you are awarded from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary expenses through a review your medical malpractice law firms records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer should also establish the number of days you were off work due to medical issues and the fact that these days off work were due to the negligence of the defendant.

Non-economic damages can be more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional and mental distress as a result of the negligent actions of the defendant. Loss of consortium is another kind of non-economic loss. It is the inability to have a romantic, sexual connection with your spouse or any other significant person as you used to. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories and depositions along with requests for documents and sworn declarations.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed before the deadlines stipulated by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years of the date on which the negligence or medical Malpractice Lawsuit act of a doctor or other health professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. This is why many states have adopted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain instances. Your attorney will know the specific rules in your state and will examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.