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A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.
In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death they could be held accountable for negligence.
Duty of Care
Medical professionals must follow a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical care. A patient could be in a position to file a lawsuit for medical malpractice if those standards aren't being met and the result is injuries or health complications.
The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was obligated to act reasonably. The next step is to prove that a breach of that duty occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.
The expert witness will help determine whether the defendant's actions fell below the accepted standard in your case. The expert will examine your medical records and also interview or question you in order to determine this.
You must be able to show that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that could result in an adverse reaction, such as heart attacks.
Breach of Duty
Just like everyone else, doctors have a legal obligation to exercise care and prudence. Doctors are held to a higher standard, however, because they are medical experts and make life-or-death decisions. The obligation of care is outlined in laws and standards for specific types of treatment and procedures.
One of the first elements that must be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is usually determined by what a typical person would do under similar circumstances. For example, a prudent driver would not speed through a red light.
In a case of negligence, expert witnesses are typically required to testify about the standards of care and how it was violated. They can also discuss the reason for the injury and explain how they could have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to make an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).
The amount of money you will receive from a successful malpractice suit is contingent on the way in which your New York Medical malpractice law Firms malpractice lawyer defends your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work because of medical issues, and the fact that these days were a result of the defendant’s negligence.
Non-economic damages can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional and mental suffering as a result of the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of interrogatories and depositions as well as requests for documents and evidence under swearing.
Statute of limitations
Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed before the deadlines set by law.
In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission of the health professional caused the death or injury. Like all laws, this one is not without exceptions. If, for instance the error made by the health care provider was part of a continuing course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.
In some cases patients may not discover the problem until a long time later, for example, if a foreign body is left in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will examine the timeline of your case with care to avoid mistakes in the administration which could delay your claims.
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