Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that regulates
medical malpractice cases is founded on common law.
In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and it results in an injury or death, he may be liable for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when providing care. If those standards are not followed and if they cause harm or health issues the patient may be able to bring a
medical malpractice lawsuit.
The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. Then, you need to prove that a breach of that obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.
The expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in the particular case. The expert will review your medical records, and then interview or testify against you to make this determination.
You must also prove that the breach directly caused your injury. Causation is the 3rd element in a claim for malpractice. In the majority of instances, you'll 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 prescribing the wrong medication or treatment being administered. This can cause an adverse reaction such as a heart attack.
Breach of Duty
Like all doctors, doctors have a legal obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the rules and regulations that are situated for specific types of procedures and treatments.
One of the most important elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for
medical malpractice lawsuit example would not operate an intersection at a stoplight.
In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was violated and how this standard was violated. They can also describe the reason behind the accident and what could have prevented it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance to protect against potential loss that may result from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount of money you will receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your lawyer can establish medically necessary expenses by examining your
medical malpractice law firms records, using expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed working due to medical issues, and the fact that these days 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 will testify about your physical, emotional and mental pain due to the infractions committed by the defendant. Loss of consortium is a different type of non-economic harm. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories, depositions, and demands for documents and declarations under the oath.
Statute of limitations
Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and will ensure that your claim is filed within the deadlines specified by law.
In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional resulted in the death or injury. Like all laws, this one is not without exceptions. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until that course of treatment is completed or the patient learns about the diagnosis.
Additionally, in some cases for instance, when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. For this reason, most states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes which could delay your claims.