15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must observe a standard of care in treating their patients. If a doctor does not adhere to accepted medical practices and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

medical malpractice law firms professionals are required to adhere to a set standards accepted by the medical industry as being reasonable and prudent in providing medical treatment. A patient may be able to file a lawsuit for medical malpractice if these standards aren't adhered to and the failure results in injuries or health issues.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity had a legal obligation to act reasonably. Then, you have to prove that the breach of that duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to look over your medical records and interview or examine you to make this decision.

You must also demonstrate that the breach directly led to your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being prescribed and can result in an adverse reaction, like a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts who make life and death decisions. The duty of care is set in the rules and regulations that apply to certain types of treatments and procedures.

In a negligence case it is important to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do in the situation. For instance, a reasonable driver would not speed through the red light.

In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was violated and how the standard was violated. They can also describe how the injury occurred and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish medically essential costs by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent from work due your medical conditions, and also the reason for these absences were the result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and might require the help of a professional who will be able to testify about your physical, emotional, and mental pain because of the negligence of the defendant. Loss in consortium is another type of non-economic harm. It is the inability to enjoy a loving, sexual relationship with your spouse or other significant individual as you once did. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise, the court will dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date at which the negligence or act of a healthcare professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. If, for instance the error of the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have enacted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will go over the timeline of your case with care to avoid any administrative errors that can derail your claims.