This Is The Ultimate Guide To Medical Malpractice Law
Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.
In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practices and results in injury or death, they could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to set of standards which are recognized by the medical malpractice law firms profession as sensible and prudent in providing healthcare. If those standards are not followed and if they cause injury or health complications, a patient may be able to sue for medical malpractice lawsuit.
The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person had a legal obligation to act reasonably. Then, you need to prove that a breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.
The expert witness will help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular case. To enable the expert to determine this, they will need to be able to examine your medical records and conduct an examination or interview with you.
You must also demonstrate that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In most cases you will require a direct cause & effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or lawsuit medication being prescribed and could result in an adverse reaction like a heart attack.
Breach of Duty
Like all individuals, have a legal obligation to exercise reasonable care and with caution. Doctors are held to an even higher standard, however, because they are medical malpractice lawyers experts and can make life-or-death decisions. The duty of care is outlined in laws and standards governing specific types of treatments and procedures.
One of the most important elements to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The quality of care is usually 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 lawsuit, expert witnesses may be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also discuss what caused the injury and what could 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 file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).
The amount you are awarded from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer can establish your medically necessary expenses through a thorough review of your medical records, evidence from experts as well as the assistance of economic experts. For your loss of earnings your medical malpractice lawyer should also demonstrate the number of days you were away from work due to medical conditions and the fact that these missed work days were the result of the defendant's negligence.
Non-economic damages can be harder to prove. You may need assistance from a professional witness who can provide details of your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic damage. It is the inability to have a loving, sexual relationship with your spouse, or any other significant individual as you used to. The attorney representing the defendant will challenge your non-economic damages by a process of depositions, interrogatories, and requests for documents and statements under oath.
Statute of limitations
In New York, as with every state, there are specific time limits - commonly known as statutes of limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and ensure that your claim is filed within the deadlines set by law.
In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the negligence or act of a health care provider caused the injury or death. As with all laws, this law is not without exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until the treatment is completed or when the patient becomes aware of the diagnosis.
Additionally, in certain situations for instance, when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient's to recognize 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 situations to extend their timeframes. Your attorney will be aware specific laws in your state and will review your case timeline to avoid any administrative errors which could cause delays to your claim.