How To Save Money On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death then he could be held liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical care. When those standards are not followed and if they cause injury or health complications the patient may be able 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 was bound to act with reasonable care. Then, you must show that the breach of this duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and medical malpractice lawsuit evaluation of the case.

The expert witness will determine if the defendant's actions were below the accepted standard of care in your particular case. To allow the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third component of a malpractice claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being prescribed and in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with diligence and care. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care can be found in the laws and standards that govern specific types of treatment and procedures.

One of the most important elements that must be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is typically determined by what a reasonable person would do under the circumstances. A reasonable driver, for instance would not operate a traffic light.

In a malpractice case experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also describe the reason for the accident and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To make an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice case is contingent on how your New York medical malpractice lawyer defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawsuits malpractice lawyer must demonstrate the number of days you were off work due to medical complications and the fact that these days off work resulted from 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 explain your physical, mental and emotional distress as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions, and requests for documents and statements under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines set by law.

In most instances, the victim of medical malpractice must make a claim within two and a half years of the date that the negligence or act of a health care provider caused the injury or death. However like all laws, there are a few exceptions to this rule. If, for instance, the error made by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some instances it is possible that a patient will not recognize the problem until a considerable time later, for example the case where a foreign body is left 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 timeframes. Your attorney will be familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration which could delay your claims.