Five Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following the accepted medical norms and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. Patients may be able to file a lawsuit for medical malpractice if these standards aren't met and the result is injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable way. Then, you have to prove that the breach of this duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular situation. To allow the expert to make this decision they must be able review your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty directly caused you to experience injuries. Causation is the third element in a claim for malpractice. In most cases, you will require an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, medical malpractice which in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with care and caution. However doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The obligation of care is defined in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. Then, it has to be proven that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for example would not use the traffic light.

In a malpractice case expert witnesses are typically required to testify about the standards of care and the manner in which it was breached. They can also explain the cause of 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. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you have missed from work due your medical issues, and that these missed days resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your mental, physical, and emotional pain that is an direct result of defendant's negligence. Loss in consortium is another kind of non-economic loss. This is the inability to maintain a romantic, sexual connection with your spouse or other significant person like you once did. The lawyer representing the defendant will contest your non-economic damages through interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical malpractice law firm negligence case can be filed. If not the court will not dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice must bring a lawsuit within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. As with all laws, this one is not without exceptions. For instance, if 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 course of treatment is completed or until the patient becomes aware of the diagnosis.

In certain instances it is possible that a patient will not discover the problem until a long time later, for example, if a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the specific laws of your state and will go over the timeline of your case to ensure that there are no administrative mistakes that could impede your claim.