14 Questions You Shouldn t Be Anxious To Ask Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death the doctor could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as being prudent and reasonable when providing care. A patient might be in a position to file a lawsuit for medical malpractice if these standards aren't followed and the breach causes injuries or health complications.

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

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your situation. To enable the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty directly caused you to suffer injuries. Causation is the third factor in a claim for malpractice. In most cases you will require a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and that could result in an adverse reaction, like heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise care and caution. However doctors are held to a more stringent standard because they are considered medical malpractice law firm experts and have to make life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant owed the duty of care for the plaintiff. Then, it must be proven that the defendant breached that duty of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The standard of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for instance, would not run at a traffic light.

In a case of malpractice, expert witnesses are often needed to testify about the standards of care and how it was violated. They can also provide the reason behind the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential loss that may result due to medical negligence. In order to submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were away from work because of medical problems, and proving the reason for medical malpractice lawyer these absences resulted from the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional pain as a direct result of the defendant's negligence. Loss in consortium is another type of non-economic damage. This is the inability to have an intimate, sexual relationship with your spouse, or any other significant individual as you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through depositions, interrogatories, medical malpractice lawyer and requests for documents and evidence under swearing.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission made by a health care provider caused the injury or death. However like all laws there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is completed or the patient learns of the diagnosis.

In some instances patients may not be aware of the issue until quite a while later for instance in the event that a foreign substance is left within the body after surgery or treatment. Because of this, many states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the rules of your state and will scrutinize the timeline of your case with care to avoid administrative errors that could cause delays to your claim.