Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice
lawsuits.
In common law, doctors must follow the highest standards of care when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. A patient might be eligible to file a claim for medical malpractice if these standards aren't being met and the breach causes injuries or health complications.
The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.
This expert witness will be able to help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will examine your medical records and then interview or testify against you to arrive at this conclusion.
You should also be able to establish that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third component of a negligence claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being prescribed and in turn causes an adverse reaction, such as a heart attack.
Breach of Duty
As with all people, are required by law to fulfill a obligation to behave with reasonable care and caution. Doctors are held to a higher standard due to the fact that they are medical experts and make life-or-death decisions. The duty of care is outlined in the rules and regulations that govern specific types of treatments and procedures.
In a case of negligence, it is vital to prove that the defendant had an obligation to take care of the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is generally determined by what a reasonable person would do in the situation. For instance, a reasonable driver wouldn't run the red light.
In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care violated and how this standard was violated. They can also discuss the reason behind the injury and what could have prevented it.
Damages
In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. In order to submit a claim for damages the plaintiff must prove both 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 lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will be able to establish the medically necessary expenses through a review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days that you missed working due to medical issues, and the reason for these absences were a result of the defendant's negligence.
Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can describe your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to enjoy an intimate, sexual relationship with your spouse or other significant person like you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of depositions, interrogatories, and requests for statements and documents under oath.
Statute of Limitations
In New York, as with every state, there are specific time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed by the deadlines that are set by law.
In most cases, a victim of
medical malpractice has to file his or her lawsuit within two and a half years of the date on which the act or omission of a healthcare professional caused the injury or death. However like with all laws there are a few exceptions to this rule. If, for instance, the error committed by the health professional was a part of a continual course of treatment, the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.
Additionally,
lawsuits in certain situations, such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. For this reason, most states have adopted the legal concept known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be familiar with the rules of your state and will go over the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.