Five Killer Quora Answers On 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 regulates medical malpractice claims.

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

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent when providing medical care. If the standards aren't followed and the result is injury or health complications patients may be able to sue for medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your case. The expert will look over your medical records and interview or examine you to determine this.

You also need to establish that the breach of duty directly caused you to experience injuries. Causation is the third element in a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being given. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like all people, have a legal obligation to exercise reasonable care and prudence. Doctors are held to an even higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care is found in laws and standards for specific types of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The quality of care is usually determined by what a typical person would do in the same situation. A reasonable driver, for example would not operate an intersection at a stoplight.

In a case of malpractice, experts are often required to testify about the standards of care and how it was violated. They can also discuss the reason behind the injury and explain how they 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 file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were absent from work due to medical problems, and proving the reason for these absences were due to the defendant’s negligence.

Non-economic losses are more difficult to prove, and may require the help of a professional who can testify about your physical, emotional, and mental distress due to the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories and depositions along with requests for documents or sworn statements.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court could dismiss it. A seasoned New York medical malpractice law firm malpractice lawyer is familiar with these nuances and will make sure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the negligence or act of a healthcare professional resulted in the death or injury. As with all laws, this rule has its exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some instances, such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. To address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the rules of your state and will examine your case's timeline carefully to avoid mistakes in the administration that could cause delays to your claim.