14 Common Misconceptions About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors must follow the standard of care when treating their patients. If a doctor violates accepted medical practices and causes injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing healthcare. If the standards aren't adhered to and the failure results in injuries or health problems patients may be able to sue for medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and medical malpractice lawsuit that the person or entity had a legal obligation to act with reasonable care. The next step is to prove that the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions were not in line with the accepted standards in your case. In order for the expert to make this determination, they will need to be able to examine your medical malpractice law firm records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you'll need a direct cause and result connection between the breach of duty and the resulting injury. A misdiagnosis, for example may result in prescribing the wrong medication or treatment being given. This could cause a negative reaction such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal duty to act with reasonable care and prudence. Doctors are held to a higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care can be found in the laws and standards that govern certain types of treatments and procedures.

In a negligence case it is vital to prove that the defendant was bound by the duty of care for the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. For example, a prudent driver would not run the red light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care violated and how the standard was violated. They can also explain the reason behind the injury and suggest ways to have prevented it.

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 expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to establish your medically necessary expenses through a review of your medical records, the testimony of experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you have missed from work due to medical conditions, and also that these days were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may need assistance from an expert witness who can explain your physical, mental, and emotional distress as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages by depositions, interrogatories, and requests for documents and evidence under the oath.

Statute of Limitations

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

In most cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission by medical professionals caused the injury or death. As with all laws this law is not without exceptions. For instance, if the error of the health professional was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains inside the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. This is why many states have enacted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules of your state and will review your case timeline to avoid administrative errors which could cause delays to your claim.