Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical standard and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide healthcare. A patient may be able to file a lawsuit against a medical professional if those standards aren't being met and the failure results in injuries or health complications.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular situation. The expert will need to examine your medical records and attorneys then interview or testify against you to arrive at this conclusion.

It is also necessary to prove that the breach of duty directly caused you to experience injuries. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and results in an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with the utmost care and caution. However, doctors are held to a higher standard because they are medical experts and deal with life and death decisions. The duty of care is found in laws and standards governing certain types of treatments and procedures.

In a negligence case, it is important to establish that the defendant had the duty of care for the plaintiff. Then, it must be proven 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 reasonable person would do under the circumstances. For instance, a reasonable driver would not speed through an intersection with a red light.

In a malpractice case expert witnesses are typically required to testify regarding the standard of care and the way in which it was violated. They can also describe what caused the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to file 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 of compensation you receive from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can prove your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you have missed from work due your medical problems, and proving that these missed days were the result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, mental, and emotional suffering as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions and demands for documents and declarations under the oath.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitations - within which a ogallala medical malpractice lawyer malpractice lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years of the date that the act or omission of a medical professional caused the injury or death. Like all laws, this rule has its exceptions. For instance in the event that the error medical malpractice lawyer made by the health care professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the course of treatment is completed or until the patient learns about the diagnosis.

In some instances, a patient may not discover the problem until a considerable time later for instance, if a foreign body remains within the body after surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific rules in your state and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.