Why You Need a
medical malpractice law firm Malpractice Lawyer
A medical malpractice attorney helps victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.
In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor violates accepted medical practice and results in death or injury, then he could be held accountable for negligence.
Duty of Care
Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when they provide treatment. If those standards are not followed and the result is injuries or health problems the patient may be able to file a medical malpractice lawsuit.
The first element in a malpractice case is to establish that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. Then, you have to prove the breach of the obligation occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.
An expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. The expert will review your medical records, and then interview or testify against you to arrive at this conclusion.
It is also necessary to prove that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which in turn causes an adverse reaction like heart attacks.
Breach of Duty
Physicians, like all other people, are legally bound by a duty to act with reasonable care and prudence. 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 can be found in the regulations and laws for specific types of treatment and procedures.
One of the most important elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proven that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is typically determined by what a normal person would do under similar circumstances. For instance, a prudent driver wouldn't run an intersection with a red light.
In a case of malpractice expert witnesses could be required to testify about the standard of care that was not met and the manner in which this standard was violated. They can also discuss the reason behind the injury and suggest ways to have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to make a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must show the number of times you were away from work because of your medical issues and the fact that these absences resulted from the defendant's negligence.
Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can detail your mental, physical, and emotional suffering as direct result of the defendant's negligence. Loss in consortium is another type of non-economic injury. It is the inability of having a loving, sexual relationship with your spouse or other significant person as you used to. The lawyer for the defendant will attempt to challenge your non-economic damages through depositions, interrogatories, and requests for documents and evidence under oath.
Statute of Limitations
Like every state, New York has a statute of limitations that must be fulfilled before a
medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. An experienced New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed before the deadlines stipulated 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 of the date that the act or omission of an health professional caused the injury or death. However, as with all laws, there are a few exceptions to this rule. If, for instance the error of the health care provider was part of a continuing course of treatment, 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 cases the patient may not realize the problem until a long time after for instance in the event that a foreign substance remains in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines in certain circumstances. Your lawyer will be aware of the rules of your state and will review your case's timeline carefully to avoid any administrative errors that can derail your claims.