Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor is not following the accepted medical standard and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing treatment. When those standards are not adhered to and the failure results in harm or health issues the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was obligated to act with reasonable care. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in the particular case. The expert will need to review your medical records, and also interview or question you in order to make this determination.

It is also necessary to prove that the breach of duty caused you to suffer injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and can result in an adverse reaction, like a heart attack.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However, doctors are held to an even higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care is set in the law and standards that govern specific types of procedures and treatments.

One of the most important elements that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is typically defined by what an average person would do in the same circumstances. A reasonable driver, for example, would not run a traffic light.

In a malpractice lawsuit experts may be required to testify about the standard of care violated and how the standard was breached. They can also explain how the injury occurred and [Redirect-Meta-0] what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical malpractice lawsuit negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you are awarded from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney will be able to determine your medically required expenses by examining your medical records, evidence from experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must also show the number of times you missed work due to medical condition and also the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental and emotional pain as direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability of having a romantic, sexual connection with your spouse or other significant individual as you once did. 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 are specific time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date on which the negligence or act of a health care provider caused the injury or death. As with all laws, this law is not without exceptions. For instance, if the error made by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

In some instances the patient may not realize the problem until a long time later, for example when a foreign object remains within the body after surgery or treatment. This is why many states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will know the specific laws in your state and will look over your case's timeline in order to avoid administrative errors that could delay your claim.