15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A Medical malpractice law firm malpractice lawyer assists injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must follow the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and it causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being sensible and prudent in providing medical care. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health issues.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider and that the person or entity was bound to act with reasonable care. Then, you must show the breach of the duty occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular case. To enable the expert to make this determination, they will need to be able review your medical malpractice law firm records and conduct an examination or interview of you.

You also need to prove that the breach of duty caused the injuries. Causation is a third element in a malpractice claim. In the majority of cases, you will need a direct cause and result connection between the breach of duties and the subsequent injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being administered. This can cause a negative 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 an even more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is defined in the rules and regulations which are applicable to specific types of treatments and procedures.

One of the primary elements that must be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The standard of care is typically determined by what a reasonable individual would do in the same situation. For example an honest driver would not speed through the red light.

In a lawsuit involving a malpractice, expert witnesses may be required to testify regarding the standard of care violated and the manner in which this standard was breached. They can also describe the cause of the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days that you missed from work because of medical complications, and that these missed days were due to the negligence of the defendant.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who will be able to testify about your physical, emotional, and mental pain because of the negligence committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability to enjoy a romantic, sexual connection with your spouse or any other significant person like you once did. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations - 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 knowledgeable is well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines specified by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the date the act or omission committed by the health professional resulted in injury or death. However like all laws there are some exceptions to this rule. For instance if the error by the health professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

In some cases it is possible that a patient will not discover the problem until a long time later for instance, if a foreign body remains within the body after surgery or treatment. To tackle this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific laws in your state and carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.