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A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.
In common law, doctors are required to adhere to an ethical standard when treating their patients. If a physician does not follow the accepted medical practices and results in injury or death or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent when providing healthcare. When those standards are not followed and the result is injuries or health issues the patient may be able to bring a medical malpractice lawsuit.
The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was bound to act in a reasonable way. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.
This expert witness will be able to determine if the defendant's actions fell below the standard of care that is accepted in your particular case. In order for the expert to determine this they must be able to examine your medical records and conduct an examination or interview with you.
You must be able to establish that the breach directly led to your injury. Causation is a 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. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered, which results in an adverse reaction such as a heart attack.
Breach of Duty
Like all doctors medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to an elevated standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the rules and regulations that govern specific kinds of treatments and procedures.
In a negligence case it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. For example, a prudent driver would not stop at a red light.
In a malpractice case, experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also describe the reason for the injury and what could have been done to prevent it from happening.
Damages
In the United States, physicians are required to have malpractice insurance to protect against potential damages that could result from 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 noneconomic losses (such suffering and pain).
The amount of compensation received from a successful malpractice case is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your lawyer will determine your medically required expenses by examining your Medical Malpractice Law Firms records, testimony from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work due to medical complications, and that these missed days were due to the defendant's negligence.
Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional and mental distress due to the negligent actions of the defendant. Loss in consortium is another type of non-economic injury. It is the inability of having a loving, sexual relationship with your spouse or other significant person in the same way you once did. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories, depositions, as well as requests for documents and sworn statements.
Statute of limitations
In New York, as with every state, medical malpractice law firms there are definite deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice attorneys malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed before the deadlines established by law.
In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission of an health professional resulted in the injury or death. However like all laws there are a few exceptions to this rule. If, for instance, the error committed by the health care provider was part of a continuing course of treatment, the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.
In certain instances patients may not realize the problem until a considerable time later for instance, if a foreign body is left within the body after surgery or treatment. To deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the laws of your state and will go over your case timeline carefully to avoid administrative errors which could delay your claims.
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