Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is not following accepted medical practice and it causes an injury or death, he may be 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 in providing medical care. When those standards are not followed and if they cause injury or health complications the patient could be able to file a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was bound to act in a reasonable manner. Then, you must show that the breach of that duty occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. To enable the expert to determine this, they will need to be able to examine your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction, like heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain types of procedures and treatments.

In a case of negligence, it is essential to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable person would do under the circumstances. For example, a reasonable driver would not stop at an intersection with a red light.

In a case of malpractice, experts are often required to testify about the standard of care and how it was violated. They can also provide a detailed explanation of the cause of the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

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 medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. For your loss of earnings your medical malpractice lawyer must also demonstrate the number of days you were away from work because of your medical complications and the fact that these absences resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can describe your physical, medical malpractice lawsuit mental and emotional pain that is an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories, depositions, and requests for documents and statements under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission by medical professionals resulted in injury or death. As with all laws, medical malpractice lawsuit this law is not without exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

In certain instances the patient may not discover the problem until a long time after, for example the case where a foreign body is left in the body following surgery or treatment. Because of this, many states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your attorney will know the specific rules in your state, and will carefully review your case timeline to avoid administrative errors that can derail your claim.