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A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice attorneys malpractice claims.
In common law, doctors must observe the highest standards of care when treating their patients. If a doctor violates accepted medical practices and results in injury or death then he may 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 being reasonable and prudent in providing medical care. A patient may be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health problems.
The initial step of a malpractice claim involves establishing 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 obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.
This expert witness will be able determine if the defendant's actions fell below the standard of care that is accepted in your particular case. To enable the expert to determine this they must be able to review your medical records and conduct an examination or interview with you.
It is also necessary to prove that the breach of duty directly caused you to experience injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance one, could result in prescribing the wrong medication or treatment being administered. This can cause an adverse reaction such as a heart attack.
Breach of Duty
Like all people, are legally bound by a duty to act with reasonable care and prudence. Doctors are held to an elevated standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.
One of the first things 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 established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for example will not go through the traffic light.
In a lawsuit involving a malpractice, expert witnesses may be required to testify about the standard of care that was violated and the way in which this standard was breached. They can also discuss what caused the injury and explain how they could have prevented it.
Damages
Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to submit a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical malpractice law firms records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you have missed from work due your medical conditions, and also that these days were the result of the defendant's negligence.
Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can provide details of your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories and depositions as well as demands for documents and declarations under the oath.
Statute of limitations
In New York, as with every state, there are specific time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.
In the majority of cases, a victim of medical negligence must bring a suit within two and a half years from the date the act or omission by the health professional resulted in the death or injury. As with all laws this rule has its exceptions. If, for instance, the error committed by the health professional was part of a ongoing treatment plan, malpractice then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient is informed of the diagnosis.
Additionally, in some cases, such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. To address this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific rules in your state and will carefully go over the timeline of your case to avoid any administrative errors that could impede your claim.
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