Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In the common law, doctors must observe the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practices and results in injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. A patient may be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health complications.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. Then, you must show the breach of the duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in the particular case. The expert will need to examine your medical malpractice lawsuits records and also interview or question you in order to make this determination.

You must be able to demonstrate that the breach directly led to your injury. Causation is the 3rd element in a malpractice claim. In most cases you will require a direct cause and result relationship between the breach of duties and the subsequent injury. A misdiagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to exercise reasonable care and with caution. However, doctors are held to a more stringent standard because they are considered experts in medicine who make life and death decisions. The duty of care is set in the regulations and standards that are situated for specific kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant had a duty to care for Medical Malpractice Attorney the plaintiff. It must be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the given situation. The standard of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for instance will not go through at a traffic light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care violated and how the standard was breached. They can also describe the reason for the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to file a claim 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 Medical Malpractice Attorney suffering).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish your medically necessary expenses through a review your medical records, testimony from experts, and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must show the number of times you were off work because of your medical complications and the fact that these missed work days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional suffering as a direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person as you used to. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories as well as requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission by a health care provider resulted in the injury or death. However as with 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 start until the course of treatment is completed or when the patient learns about the diagnosis.

In some cases patients may not discover the problem until quite a while later, for example the case where a foreign body remains in the body following surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be familiar with the laws of your state and will review the timeline of your case carefully to avoid administrative mistakes that could impede your claim.