Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent when providing healthcare. If those standards are not met and that failure causes harm or health issues, a patient may be able to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person owed you a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done through the recourse to expert witnesses 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 your particular circumstance. The expert will review your medical records, and interview or examine you in order to make this decision.

You must be able to show that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for instance can result in the wrong medication being prescribed or treatment being given. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The duty of care is outlined in laws and standards for specific types of treatment and procedures.

One of the most important elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, 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 quality of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a malpractice lawsuit experts may be required to testify regarding the standard of care that was violated and how the standard was violated. They can also discuss the reason behind the injury and explain how they could have prevented it from happening.

Damages

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

The amount of money you will receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer defends your losses. Your lawyer will determine your medically required expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. In order to prove your loss of earnings the medical malpractice lawyer has to prove the number of days you were off work due to your medical condition and also the fact that the absences were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can provide evidence of your physical, emotional and mental suffering as a result of negligence committed by the defendant. Loss in consortium is another type of non-economic damage. It is the inability to maintain a loving, sexual relationship with your spouse or Medical Malpractice lawsuits other significant person in the same way you used to. The lawyer representing the defendant may challenge your noneconomic damages by way of interrogatories and depositions and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date on which the act or omission of a doctor or other health professional caused the injury or death. However like with all laws there are some exceptions to this rule. If, for instance, the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances patients may not be aware of the issue until a long time after for instance, if a foreign body is left within the body after surgery or treatment. In this regard, a majority of states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will know the specific laws in your state, and will carefully go over the timeline of your case to avoid administrative errors which could cause delays to your claim.