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A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.
In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to the accepted medical practices and causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If the standards aren't met and that failure causes injuries or health problems the patient may be able to file a medical malpractice lawsuit.
The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act reasonably. The next step is to prove that the breach of that obligation occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.
The expert witness will help determine whether the defendant's actions fell below the standard of care in your case. The expert will look over your medical records and also interview or question you in order to determine this.
It is also necessary to establish that the breach of duty directly led you to experience injury. This is known as causation and it is the third element of a negligence claim. In most cases you will need a direct cause and effect connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction, such as a heart attack.
Breach of Duty
Physicians, like all other individuals, have a legal obligation to exercise reasonable care and caution. However doctors are held to a more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care can be found in the laws and standards that govern specific types of treatments and procedures.
In a case of negligence it is important to establish that the defendant was bound by a duty to care for the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The quality of care is usually determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for example would not operate an intersection at a stoplight.
In a malpractice case expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also describe the cause of the injury and what could have prevented it.
Damages
Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical malpractice law firm negligence. To be able 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 compensation received from a successful malpractice suit is contingent on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing experts' testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must establish the number of days you were away from work because of your medical issues and the fact that these missed work days resulted from the defendant's negligence.
Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can detail your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Loss of consortium is a second type of non-economic damage. This is the inability of having an intimate relationship with your spouse or any other significant individual as you once did. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of interrogatories, depositions, and demands for documents and declarations under oath.
Statute of Limitations
Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines established by law.
In the majority of cases, a victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission made by an health professional caused death or injury. However like with all laws, there are a few exceptions to this rule. If, for instance the error of the health professional was a part of a continual treatment plan, medical malpractice lawsuit then the "clock" of 30 months cannot begin until the treatment is completed or the patient has been informed of the diagnosis.
In some instances it is possible that a patient will not discover the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. For this reason, most states have enacted an idea of law known as the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer will be well-versed in the laws of your state and will examine your case's timeline carefully to avoid administrative errors that could cause delays to your claim.
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