Undeniable Proof That You Need Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and lawsuits prudent in their healthcare. A patient could be eligible to file a claim for medical malpractice if these standards aren't met and the failure results in injuries or health problems.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was obligated to act in a reasonable manner. You must then prove the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. The expert will need to review your medical records, and interview or examine you to determine this.

You must also demonstrate that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In the majority of cases, you will require a direct cause-and- effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being prescribed and could result in an adverse reaction like heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts who make life and death decisions. The obligation of care is defined in the laws and standards that apply to certain kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by 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 did not adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. For example an honest driver wouldn't run when there is a red light.

In a malpractice case, experts are usually needed to testify about the standards of care and the way in which it was violated. They can also explain what caused the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential loss that may result from medical negligence. To make a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical malpractice lawyers records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were absent from work because of medical conditions, and also the fact that these days were due to the negligence of the defendant.

The non-economic loss can be more difficult to prove, and may require the help of a professional who will testify about your physical, emotional and mental pain as a result of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and 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 lawsuit can be filed. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed prior to the deadlines established by law.

In the majority of instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date on which the act or omission of a healthcare professional resulted in the death or injury. However, as with all laws there are some exceptions to this rule. For instance, if the error of the health care provider was a part of a continual course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

In certain instances it is possible that a patient will not realize the problem until quite a while later, for example when a foreign object remains within the body after surgery or treatment. In order to deal with this issue, lawsuits a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of the rules of your state and will examine the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.