Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps patients who have suffered injuries receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor deviates from the accepted medical norms and results in a death or injury the doctor could be held accountable for negligence.
Duty of Care
Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when providing treatment. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't met and the failure causes injury or
133.6.219.42 health complications.
The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was bound to act in a reasonable way. Then, you must show that a breach of that obligation occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.
This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your case. The expert will review your medical records, and also interview or question you to make this decision.
You must also be able to prove that the breach of duty directly led the injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as heart attacks.
Breach of Duty
As with all people, are legally bound by a obligation to conduct themselves with reasonable care and be cautious. However doctors are held to an even more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care is defined in the law and standards that govern specific types of treatments and procedures.
One of the first things that must be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care in the specific situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For example an honest driver would not stop at the red light.
In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was breached and the way in which this standard was violated. They can also describe the cause of the injury and what could have prevented it.
Damages
In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that may arise from medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).
The amount of compensation you receive in a successful lawsuit depends on how well your New York
medical malpractice attorney argues for your losses. Your attorney can prove your medically necessary expenses through a review of your medical records, testimony from experts, and
aura-invest.com the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you were away from work due your medical issues, and that these missed days resulted from the defendant’s negligence.
Non-economic losses are more difficult to prove and might require the assistance of a professional who can testify about your physical, emotional and mental suffering as a result of the negligence of the defendant. Loss of consortium is a different type of non-economic damage. It is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The defendant's attorney will challenge your non-economic damages by a process of interrogatories, depositions, and 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 limitations 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 knowledgeable will be familiar with the specifics of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.
In the majority of cases, the victim of
medical malpractice lawyers negligence is required to make a claim within two-and-a-half years from the time the act or omission by the health professional resulted in injury or death. However like with all laws there are a few exceptions to this rule. For instance, if the error of the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.
In certain instances the patient may not discover the problem until a considerable time later for instance, if a foreign body remains in the body following surgery or treatment. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws in your state, and will carefully examine your case's timeline to avoid administrative errors that can derail your claim.