5 Things That Everyone Doesn t Know About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

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

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being prudent and reasonable when providing healthcare. A patient could be in a position to file a lawsuit for medical malpractice if the standards aren't followed and the failure causes injuries or health issues.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

An expert witness can determine whether the defendant's actions are below the accepted standard in your particular case. The expert will review your medical records, and also interview or question you in order to determine this.

You also need to prove that the breach of duty caused you to suffer injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and could result in an adverse reaction, Medical Malpractice Attorney like a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to an even higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care is outlined in the regulations and standards that apply to certain kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant had a duty to care for the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor did not meet the standard of care in the given circumstance. The quality of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for instance would not use a traffic light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also explain the reason behind the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical malpractice lawsuits expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to determine your medically required expenses by examining your medical records, testimony from experts, and the use of economic experts. For your loss of earnings the medical malpractice lawyer should also show the number of times you missed work due to your medical complications and the fact that these days off work were the result of the defendant's negligence.

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 distress as a result of negligence committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability of having an intimate, sexual relationship with your spouse or any other significant individual as you once did. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories, depositions, and also requests for documents and Medical Malpractice Attorney sworn statements.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission by an health professional resulted in the injury or death. However like all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the treatment is completed or when the patient learns of the diagnosis.

Additionally, in certain situations like when the foreign object remains in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines in certain situations. Your lawyer will be familiar with the rules of your state and will go over your case timeline carefully to avoid administrative errors that could impede your claim.