15 Reasons Not To Be Ignoring Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a specific standard of care when treating 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 sensible and prudent in providing healthcare. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health problems.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness can determine if the defendant's actions were less than the accepted standard in your situation. The expert will examine your medical records and interview or cross-check you in order to make this decision.

You must also show that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you'll require a direct cause and effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction, such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and caution. Doctors are held to an elevated standard however, since they are medical experts and can make life-or-death decisions. The duty of care is set in the law and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for instance would not use the traffic light.

In a malpractice case expert witnesses could be required to provide evidence on the standard of care that was not met and the manner in which this standard was breached. They can also discuss the reason behind the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to bring an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer will establish the medically necessary expenses through a review of your medical records, the testimony of experts, and the use of economic experts. For the loss of your earnings the medical malpractice attorneys malpractice lawyer must show the number of times you were absent from work due to your medical condition and also the fact that these missed work days were the result of the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental pain as a result of the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed by the deadlines stipulated by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission by a health care provider caused injury or 1.179.200.226 death. However, as with all laws there are some exceptions to this rule. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is completed or when the patient learns about the diagnosis.

In certain instances it is possible that a patient will not discover the problem until a long time after, for example, if a foreign body is left within the body after surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your attorney will be aware specific laws in your state and will review your case timeline to avoid any administrative errors that could delay your claim.