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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 built on common law.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a physician violates accepted medical practice and results in injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as reasonable and prudent when providing treatment. If these standards aren't met and that failure causes harm or health issues, a patient may be able to bring a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider 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 accomplished by an expert witness that can provide a objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular situation. In order for the expert to make this decision they must be able to review your medical records and conduct an examination or interview with you.

You must also prove that the breach directly led to your injury. This is known as causation and it is the third requirement of a negligence claim. In most cases you will require a direct cause and effect connection between the breach of duty and the resulting injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and with caution. However doctors are held to an even more stringent standard because they are considered medical experts and are able to make life and death decisions. The duty of care is outlined in the laws and standards that govern certain types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example would not use the traffic light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care that was breached and the way in which this standard was breached. They can also describe the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To bring an action for damages the plaintiff must show actual financial losses (such as medical malpractice law firm expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings the medical malpractice lawyer must also show the number of times you were off work due to medical complications and the fact that the absences were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional pain as an direct result of defendant's negligence. Loss of consortium is another type of non-economic harm. It is the inability to maintain a loving, sexual relationship with your spouse or other significant person as you once did. The attorney representing the defendant will challenge your non-economic losses through a process of depositions, interrogatories, 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 it. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission by the health professional resulted in injury or death. However as with all laws there are some exceptions to this rule. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until the treatment is complete or the patient learns of the diagnosis.

In some cases, a patient may not be aware of the issue until quite a while later, for example the case where a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific rules of your state and will carefully examine your case's timeline to avoid any administrative errors that could impede your claim.