Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that governs
medical malpractice lawsuits malpractice cases is founded on common law.
In common law, doctors must follow the standard of care when treating their patients. If a doctor is found to be in violation of accepted medical procedures and results in death or injury, the doctor could be held liable for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical malpractice law Firms (
factbook.Info) profession as being reasonable and prudent in providing care. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't adhered to and the result is injury or health complications.
The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act with reasonable care. Then, you have to prove the breach of the duty occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.
This expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. The expert will need to examine your medical records and also interview or question you to arrive at this conclusion.
You must be able to establish that the breach directly caused your injury. Causation is the third element in a claim for malpractice. In the majority of cases, you'll require a direct cause and result relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance can result in the wrong medication being prescribed or treatment being given. This in turn can cause a negative reaction such as a heart attack.
Breach of Duty
Just like everyone else physicians, doctors are legally bound by an obligation to act with the utmost care and caution. However, doctors are held to a more stringent standard because they are medical experts who make life and death decisions. The duty of care is outlined in the laws and standards that govern certain types of treatments and procedures.
One of the primary elements that must be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a typical person would do in similar situations. A reasonable driver, for instance will not go through the traffic light.
In a case of malpractice experts could be needed to testify on the standard of care violated and how the standard was breached. They can also discuss the reason for the accident and what could have prevented it from happening.
Damages
In the United States,
Medical malpractice law firms physicians are required to carry malpractice insurance to protect themselves against any losses that might arise from medical negligence. To make an action for damages, the plaintiff has to prove 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 is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you have missed from work because of medical complications, and the reason for these absences were due to the defendant's negligence.
Non-economic damages can be harder to prove. You may need assistance from a professional witness who can describe your mental, physical, and emotional pain that is directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories and depositions as well as requests for documents and statements under swearing.
Statute of Limitations
Like every state, New York has a statute of limitations that must be met before a
medical malpractice attorneys malpractice claim can be filed. Otherwise the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed within the deadlines established by law.
In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date at which the act or omission of a healthcare professional caused the injury or death. As with all laws, this law is not without exceptions. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or until the patient becomes aware of the diagnosis.
In some cases patients may not realize the problem until a long time after, for example when a foreign object remains within the body after surgery or treatment. Because of this, many states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines in certain instances. Your lawyer is familiar with the laws of your state and will review the timeline of your case carefully to avoid mistakes in the administration that could impede your claim.