Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system governs medical malpractice claims.
Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical procedures and results in injury or death they may be held responsible for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as reasonable and prudent when they provide healthcare. A patient may be eligible to file a claim against a medical professional if those standards aren't followed and the breach causes injuries or health problems.
The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.
This expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in your particular situation. The expert will examine your medical records and interview or examine you to determine this.
It is also necessary to prove that the breach of duty directly led the injuries. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction such as heart attacks.
Breach of Duty
As with all other professionals medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care is defined in the rules and regulations that govern specific types of procedures and treatments.
In a negligence case, it is important to establish that the defendant had a duty to care for the plaintiff. It must be established 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 defined by what an average person would do under similar circumstances. For example, a prudent driver would not stop at when there is a red light.
In a malpractice case experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also discuss the cause of the injury and explain how they could have prevented it from happening.
Damages
In the United States, physicians are required to have malpractice insurance to protect against potential loss that may result due to
medical malpractice lawyers negligence. To file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and
Medical Malpractice attorney noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York
medical malpractice attorney argues for your losses. Your attorney can determine your medically required expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer has to establish the number of days you were absent from work due to medical conditions and the fact that these absences resulted from the defendant's negligence.
The non-economic loss can be more difficult to prove and may require the assistance of a professional who can provide evidence of your physical, emotional and mental distress as a result of infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions and requests for documents and sworn statements.
Statute of Limitations
Like all states, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.
In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the act or omission of a healthcare professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is completed or when the patient is informed of the diagnosis.
In certain instances, a patient may not discover the problem until a considerable time later, for example when a foreign object is left in the body following surgery or treatment. Because of this, many states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid administrative errors that can derail your claims.