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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must follow the highest standards of care when treating their 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 accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. If these standards aren't followed and if they cause injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty 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 evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular situation. The expert will need to examine your medical records and interview or cross-check you in order to make this decision.

You also need to establish that the breach of duty caused you to suffer injuries. Causation is the third factor in a malpractice claim. In most cases you will require a direct cause-and- result relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise care and prudence. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

One of the first elements that must be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The standard of care is typically determined by what a normal person would do under the same circumstances. A reasonable driver, for example would not use at a traffic light.

In a malpractice case expert witnesses are typically required 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 suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical malpractice lawsuits negligence. In order to submit an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will establish the medically necessary expenses through a review of your medical malpractice law firm records, the testimony of experts and the assistance of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work due to medical problems, and proving the fact that these days were a result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional, and mental suffering as a result of the negligence of the defendant. Loss of consortium is another kind of non-economic loss. It is the inability to maintain an intimate, sexual relationship with your spouse or another significant person like you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years of the date that the negligence or act of a medical professional caused the injury or death. Like all laws, this rule is not without exceptions. If, for example, the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not start until the treatment has been completed or the patient is informed of the diagnosis.

In some cases it is possible that a patient will not realize the problem until a long time later, for example in the event that a foreign substance remains in the body following surgery or treatment. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific laws in your state and will go over the timeline of your case to avoid any administrative errors that could impede your claim.