5 Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must observe the highest standards of care when treating their patients. If a doctor is not following the accepted medical norms and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. If those standards are not followed and if they cause injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. You must then prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment 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 the particular case. The expert will need to examine your medical records and also interview or question you to make this decision.

You must also establish that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and can result in an adverse reaction, like heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and caution. Doctors are held to higher standards due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific types of treatment and procedures.

In a negligence case it is essential to establish that the defendant had a duty to care for the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The quality of care is usually determined by what a typical person would do under the same situation. For example, a reasonable driver wouldn't run when there is a red light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and how the standard was breached. They can also provide the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any loss that may result from medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can determine your medically required expenses through a review your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were absent from work because of medical malpractice law firm complications, and that these days were the result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of 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 damage. This is the inability to maintain a loving, sexual relationship with your spouse, or any other significant person in the same way you used to. The defendant's attorney will challenge your non-economic damages through interrogatories, depositions and requests for documents and statements under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines established by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission made by medical professionals resulted in the injury or death. As with all laws this rule is not without exceptions. If, for instance, the error of the health care provider was part of a continuous treatment plan, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases the patient may not realize the problem until a long time 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 the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of the rules of your state and will review the timeline of your case carefully to avoid administrative errors which could delay your claims.