Five Killer Quora Answers To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor is not following accepted medical practice and it results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in providing healthcare. A patient could be in a position to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure causes injuries or health issues.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity had a legal obligation to act reasonably. You must then prove the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions fell below the standard of care in your case. The expert will need to look over your medical records and also interview or question you to make this determination.

You must be able to establish that the breach directly caused your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. Doctors are held to higher standards due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in laws and standards governing specific types of treatment and procedures.

In a case of negligence, it is important to establish that the defendant was bound by the duty of care for the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example would not use an intersection at a stoplight.

In a malpractice case experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also explain the reason for the injury and what could be done to stop it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To make an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to determine your medically required expenses through a review of your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days that you missed from work because of medical problems, and proving that these days were due to 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 physical, mental, and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is a second type of non-economic damage. This is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant individual as you once did. The attorney representing the defendant will challenge your non-economic damages by interrogatories, depositions, and demands for documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed before the deadlines stipulated by law.

In most instances, the victim of medical malpractice lawsuit malpractice has to present a lawsuit within two and a half years from the date at which the negligence or act of a medical professional caused the injury or death. However as with all laws there are a few exceptions to this rule. If, for instance the error committed by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances, a patient may not recognize the problem until a long time later, for example the case where a foreign body remains within the body after surgery or treatment. In order to address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is aware of the rules of your state and will go over the timeline of your case with care to avoid any administrative errors that could cause delays to your claim.