5 Tools That Everyone In The Medical Malpractice Law Industry Should Be Making Use Of

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

According to common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical malpractice lawsuits procedures and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical treatment. If the standards aren't adhered to and the failure results in injuries or health problems patients may be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity owed you a duty to act with reasonable care. Then, you must show the breach of the obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

This expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular case. In order for the expert to make this decision, they will need to be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly caused you to experience injury. Causation is a third element in a malpractice lawsuit. In most cases, you'll require a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance, could lead to prescriptions for the wrong drug or treatment being given. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to behave with reasonable care and be cautious. Doctors are held to higher standards, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the law and standards that govern specific types of procedures and treatments.

In a case of negligence it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a normal person would do under the same circumstances. For example an honest driver wouldn't run a red light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and how it was violated. They can also discuss the reason for 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 themselves against any losses that might arise due to medical negligence. 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 pain and suffering).

The amount you are awarded from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed from work because of medical issues, and that these days were the result of the negligence of the defendant.

Non-economic losses are more difficult to prove and might require the help of a professional who can give evidence about your physical, emotional and mental pain as a result of the negligence of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions, and requests for documents and statements under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines stipulated by law.

In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission committed by a health care provider resulted in the injury or death. However like with all laws there are a few exceptions to this rule. If, for instance the error of the health care provider was a part of a continual course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the laws of your state and will go over your case timeline carefully to avoid administrative mistakes that could impede your claim.