20 Things You Need To Be Educated About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

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

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent when providing healthcare. When those standards are not followed and the result is injury or health complications the patient could have grounds to file a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act with reasonable care. Then, you must show that the breach of this obligation occurred. This is typically done using expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular circumstance. To allow the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview of you.

You should also be able to prove that the breach of duty caused you to suffer injury. Causation is a third element in a malpractice claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are legally bound by a duty to act with reasonable care and be cautious. However, doctors are held to an even higher standard due to the fact that they are medical experts who make life and death decisions. The duty of care is outlined in the law and standards that govern specific kinds of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is usually determined by what a typical person would do in similar circumstances. For example, a reasonable driver would not run when there is a red light.

In a case of malpractice expert witnesses could be required to testify regarding the standard of care violated and the way in which this standard was violated. They can also provide the reason behind the injury and explain how they 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 show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must show the number of times you were absent from work due to your medical conditions and the fact that these absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who will be able to testify about your physical, emotional, and mental distress because of the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic losses through interrogatories and depositions as well as requests for documents and evidence under the oath.

Statute of Limitations

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

In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years from the date on which the act or omission of a health care provider resulted in the death or injury. However as with all laws there are some exceptions to this rule. If, for instance, the error committed by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances patients may not discover the problem until a considerable time later, for example, if a foreign body is left within the body after surgery or treatment. To address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific rules of your state and will carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.