10 Reasons Why People Hate Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

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

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable in providing medical care. When those standards are not followed and the result is injuries or health problems, a patient may have grounds to file a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the standard of care in your specific case. The expert will look over your medical records and also interview or question you to make this decision.

You should also be able to establish that the breach of duty directly led the injuries. This is known as causation, and it is the third element of a malpractice claim. In most cases you will require a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and medical Malpractice Lawyer in turn causes an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with diligence and care. Doctors are held to higher standards however, since they are medical experts and make life-or-death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be proved that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is generally determined by what a reasonable person would do in the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case, expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also describe the cause of the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file an action for damages the plaintiff must prove 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 suit for malpractice depends on how well your New York medical malpractice attorney defends your losses. Your lawyer will establish the medically necessary expenses through a thorough review of your medical records, evidence from experts as well as the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must also show the number of times you were away from work due to medical issues and the fact that these absences resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may require assistance from a professional witness who can describe your physical, mental and emotional suffering as an direct result of defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability to enjoy a romantic, sexual connection with your spouse or another significant person in the same way you used to. The lawyer for the defendant will attempt to challenge your non-economic damages through interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed before the deadlines established by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or medical malpractice lawyer omission committed by an health professional caused the death or injury. As with all laws, this one is not without exceptions. For instance, if the error committed by the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not start until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances for instance, when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. To deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules in your state and will examine your case's timeline to avoid administrative errors which could cause delays to your claim.