Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients receive 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 does not adhere to the accepted medical norms and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being sensible and prudent in providing care. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the breach causes injuries or health problems.

The first part 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 owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions were below the standard of care in your case. The expert will need to review your medical records, and also interview or question you to arrive at this conclusion.

You must also establish that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction, like heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise care and caution. However doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by the duty of care for the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The quality of care is usually defined by what an average person would do under the same situation. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice lawsuit experts could be required to testify regarding the standard of care that was violated and how the standard was violated. They can also discuss what caused the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that might arise due to medical negligence. To bring 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 pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were absent from work because of medical issues, and that these missed days were a result of the defendant’s negligence.

Non-economic damages can be more difficult to prove and could require the help of a professional who will testify about your physical, medical malpractice emotional and mental suffering because of the negligence committed by the defendant. Loss in consortium is another kind of non-economic loss. This is the inability to enjoy a loving, sexual relationship with your spouse, or any other significant individual as you used to. The lawyer representing the defendant will contest your non-economic damages through a process of depositions, interrogatories, and requests for documents and statements under oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed prior to the deadlines stipulated 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 time the act or omission of medical professionals resulted in injury or death. However like all laws, there are a few exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

Additionally, in some cases for instance, when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. To address this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific rules of your state and carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.