An Easy-To-Follow Guide To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to the standard of care when treating their 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 are required to adhere to a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. If those standards are not followed and if they cause injuries or health issues patients may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

The expert witness can determine if the defendant's actions were not in line with the accepted standards in your situation. The expert will need to examine your medical records and interview or examine you in order to make this decision.

You must also be able to prove that the breach of duty directly caused the injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause-and- effect relationship between the breach of duties and the resulting injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being given. This in turn can cause an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to higher standards but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

In a case of negligence, it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not operate at a traffic light.

In a malpractice case experts are usually needed to testify on the standard of care and the way in which it was violated. They can also explain the cause of the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to file a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent working due to medical issues, and that these missed days were a result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can describe your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions and requests for statements and documents under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, a victim of medical negligence must bring a suit within two and a half years of the date that the act or omission made by medical professionals caused death or injury. Like all laws, this rule has its exceptions. If, for instance, the error made by the health professional was a part of a continual treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances patients may not recognize the problem until a long time later for instance the case where a foreign body remains within the body after surgery or treatment. To tackle this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be familiar with the rules of your state and will review the timeline of your case with care to avoid any administrative errors that can derail your claims.