Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must follow a standard of care in treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in their medical care. If the standards aren't met and that failure causes harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person had a legal obligation to act in a reasonable manner. You must then prove the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the case.

The expert witness will help determine if the defendant's actions were below the accepted standard in your particular case. The expert will examine your medical records and interview or cross-check you to make this determination.

You must be able to show that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In most instances, you'll require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example may result in prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard due to the fact that they are medical experts and are able to make life and death decisions. The duty of care is outlined in the rules and regulations that apply to certain kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant had a duty to care for the plaintiff. Then, medical Malpractice law firm it must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is generally determined by what a reasonable person would do under the circumstances. For instance, a reasonable driver would not speed through the 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 discuss the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any losses that may arise due to medical negligence. To bring an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice law Firm malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice lawyers malpractice attorney must prove your lost earnings by proving the amount of days that you missed from work due to medical conditions, and also that these missed days resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can detail your mental, physical, and emotional pain as direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories, depositions, along with requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed by the deadlines established by law.

In the majority of instances, the victim of medical malpractice must make a claim within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. As with all laws this one is not without exceptions. If, for instance, the error committed by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. This is why many states have adopted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will know the specific rules in your state and carefully look over your case's timeline in order to avoid administrative errors that can derail your claim.