10 Misconceptions Your Boss Shares About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practices and Medical Malpractice Attorney results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when providing care. A patient might be eligible to file a claim for medical malpractice if those standards aren't followed and the result is injuries or health problems.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, medical malpractice attorney and that the entity or person was bound to act in a reasonable manner. Then, you need to prove the breach of the obligation occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine whether the defendant's actions fell less than the accepted standard in your case. To enable the expert to make this determination they must be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty caused you to suffer injury. Causation is a third element in a claim for malpractice. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which in turn causes an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. However, doctors are held to a more stringent standard because they are considered medical experts and deal with life and death decisions. The duty of care can be found in the laws and standards that govern specific types of treatment and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by the obligation of taking care of the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for instance would not operate at a traffic light.

In a malpractice lawsuit, expert witnesses may be required to provide evidence on the standard of care that was violated and the manner in which this standard was violated. They can also discuss the reason for the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to file a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. For your loss of earnings the medical malpractice lawyer has to establish the number of days you were off work because of your medical condition and also the fact that these days off work were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the help of a professional who will testify about your physical, emotional, and mental suffering due to the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by depositions, interrogatories, and requests for statements and documents under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who has experience will be familiar with the nuances of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice must present a lawsuit within two and a half years from the date when the act or omission of a medical professional caused the injury or death. However like all laws there are a few exceptions to this rule. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until the course of treatment is completed or when the patient learns of the diagnosis.

In some instances patients may not be aware of the issue until quite a while later for instance when a foreign object is left within the body after surgery or treatment. In order to deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is well-versed in the laws of your state and will review your case timeline carefully to avoid mistakes in the administration that could impede your claim.