Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system governs medical malpractice claims.
In the common law, doctors must follow the standard of care when treating their patients. If a doctor deviates from the accepted medical norms and results in an injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide treatment. A patient may be in a position to file a lawsuit against a medical professional if those standards aren't followed and the breach causes injuries or health complications.
The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider and that the person or entity was bound to act reasonably. You must then prove the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the case.
The expert witness will be able to determine if the defendant's actions were below the accepted standard of care in the particular case. To enable the expert to make this determination they must be able to review your
medical malpractice lawsuits records and conduct an examination or interview of you.
You should also be able to establish that the breach of duty directly caused you to experience injuries. This is known as causation and it is the third element in a malpractice claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction, such as heart attacks.
Breach of Duty
As with all other professionals, doctors have a legal obligation to exercise care and prudence. However doctors are held to an even higher standard because they are medical experts who make life and death decisions. The obligation of care is defined in the law and standards that govern specific types of procedures and treatments.
One of the primary elements that must be proven in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in this particular situation. The quality of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, for instance, would not run an intersection at a stoplight.
In a malpractice case experts are usually needed to testify about 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 from happening.
Damages
In the United States, physicians are required to have malpractice insurance to cover any losses that might arise due to medical negligence. In order to bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).
The amount of compensation you receive from a successful malpractice suit depends on how well your New York
medical malpractice lawyers malpractice attorney argues for your losses. Your attorney can prove your medically necessary expenses through a thorough review of your medical records, testimony from experts as well as the assistance of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer should also demonstrate the number of days you were off work because of your medical complications and
medical malpractice attorney the fact that these missed work days were due to the defendant's negligence.
Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can provide details of your physical, mental, and emotional pain as a direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories, depositions, and also requests for documents and sworn declarations.
Statute of Limitations
In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York
medical malpractice attorney who is skilled is well-versed in the specifics of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.
In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission of a health care provider resulted in the injury or death. As with all laws, this law is not without exceptions. If, for instance the error made by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.
Additionally, in certain situations like when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer is familiar with the rules of your state and will examine the timeline of your case carefully to avoid administrative errors which could delay your claims.