Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death, they could be held liable for negligence.

Duty of Care

medical malpractice compensation professionals must adhere to set of standards which are recognized by the medical profession as being sensible and prudent in providing treatment. If these standards aren't followed and the result is injuries or health issues the patient could be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you have to prove that a breach of that duty occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

The expert witness will determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will need to examine your medical records and interview or examine you in order to arrive at this conclusion.

You must also show that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to a higher standard however, since they are medical experts and make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatments and procedures.

One of the primary elements to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care for the situation. The quality of care is usually defined by what an average person would do under similar situations. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice case expert witnesses could be required to provide evidence on the standard of care that was breached and the manner in which this standard was breached. They can also discuss the reason behind the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential losses that might 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 pain and suffering).

The amount you are awarded from a successful malpractice suit is contingent on the way in which your New York medical malpractice law malpractice lawyer makes the case for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For medical malpractice lawyer your loss of earnings your medical malpractice lawyer must also show the number of times you were absent from work because of your medical conditions and the fact that these absences resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can provide details of your mental, physical, and emotional pain as directly resulting from the defendant's negligence. Loss of consortium is another kind of non-economic loss. This is the inability to enjoy a romantic, sexual connection with your spouse or another significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical malpractice attorneys negligence must bring a suit within two and a half years from the date the act or omission by a health care provider caused injury or death. However as with all laws there are some exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will review the timeline of your case carefully to avoid administrative mistakes that could impede your claim.