10 Myths Your Boss Is Spreading Concerning Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent when providing medical care. If these standards aren't adhered to and the failure results in injury or health complications, a patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your particular case. In order for the expert to determine this they must be able to look over your medical records and conduct an examination or interview of you.

You must also demonstrate that the breach directly led to your injury. Causation is the third factor in a claim for malpractice. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being prescribed and results in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with the utmost care and caution. However, doctors are held to a more stringent standard because they are considered medical experts who make life and death decisions. The duty of care can be found in laws and standards for specific types of treatments and procedures.

One of the first things that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is usually determined by what a normal person would do under the same situation. A reasonable driver, for example will not go through an intersection at a stoplight.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care that was not met and how the standard was breached. They can also describe the reason behind the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to file a claim 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 suffering and pain).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can determine your medically required expenses through a review your medical records, testimony from experts and the assistance of economic experts. In order to prove your loss of earnings the medical malpractice lawyer has to prove the number of days you missed work due to medical condition and also the fact that these missed work days were the result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can detail your physical, medical malpractice attorney mental and emotional suffering as an direct result of defendant's negligence. Loss of consortium is another type of non-economic injury. This is the inability of having an intimate, sexual relationship with your spouse or any other significant person as you once did. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories along with requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by a health care provider caused death or injury. As with all laws this one is not without exceptions. 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 start until the course of treatment is complete or the patient learns about the diagnosis.

Additionally, medical Malpractice attorney in certain instances such as when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to address this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid administrative errors that can derail your claims.