Five Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

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

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent in providing medical healthcare. A patient may be in a position to file a lawsuit for medical malpractice medical malpractice if the standards aren't being met and the failure causes injuries or health problems.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person had a legal obligation to act in a reasonable way. Then, you must show that the breach of this duty occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty directly caused you to experience injury. Causation is a third element in a malpractice lawsuit. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise care and caution. However doctors are held to a higher standard because they are considered medical experts who make life and death decisions. The obligation of care is defined in the rules and regulations which are applicable to specific kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. Then, it needs to be established that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for instance, would not run at a traffic light.

In a case of malpractice experts may be required to provide evidence on the standard of care that was breached and how the standard was violated. They can also explain how the injury occurred and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. To make an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will establish your medically necessary expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you have missed from work due your medical conditions, and also that these days were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional, and mental suffering as a result of the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic losses through interrogatories, depositions and demands for documents and declarations under swearing.

Statute of Limitations

In New York, as with every state, there are specific time limitations - referred to as statutes or limitations within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed before the deadlines stipulated by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date at which the negligence or act of a healthcare professional caused 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 treatment is completed or the patient is informed of the diagnosis.

In some instances patients may not realize the problem until a considerable time later, for example the case where a foreign body remains within the body after surgery or treatment. In order to tackle this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will examine the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.