A Medical Malpractice Attorney Can Help
Medical malpractice happens when a physician departs from the accepted medical standard and the patient is injured. Patients who are injured can seek compensation for out-of-pocket costs, loss of earnings and general damages including pain and suffering.
To file a claim of medical malpractice, you must establish that the health care professional violated your legal rights. This requires an exhaustive examination and expert testimony.
Duty of Care
Doctors, nurses and other health care professionals are trained extensively and must pass strict licensing requirements in order to be able to permit them to treat a wide variety of illnesses. However, even the best medical professionals make mistakes. When mistakes cause life-threatening consequences, they should be accountable for their mistakes. When that happens the victims can seek an experienced New York medical malpractice attorney with a record of success.
A successful medical malpractice case requires four elements: (1) the existence the relationship between a patient and a doctor; (2) the failure of the physician to adhere to the accepted standards of their profession; (3) the causal connection between the breach in question and the injury suffered by the patient; (4) damages.
In the United States, medical malpractice cases are filed in the state trial court. The exception is when the case involves federal institutions, for example, a Veterans Administration clinic or a medical college at a university or a doctor at the military.
To establish the existence of a physician-patient relationship
Medical malpractice lawyers will utilize all available medical records to establish both the nature of the relationship as well as the treatment you received from that physician. The lawyer will also take depositions with the doctor and other healthcare professionals involved. These depositions that are permanent records which are taken under oath, could be used to prove any assertions made by the physician their actions were not a case of medical malpractice.
Breach of Duty
In many legal proceedings, the obligation of care is an important idea. Drivers are required to observe traffic laws, doctors have a duty to provide medical care that meets the standards of care appropriate to their particular situation and property owners are bound by an obligation to keep their premises safe.
In a malpractice case the victim must demonstrate that a physician or healthcare professional was owed a duty of care and breached that duty. It is imperative to prove that the defendant didn't use the standard level of care, skill, or application that a
medical malpractice lawsuits professional would have employed. This can be difficult to prove because expert testimony is usually required to clarify the nuances of medical practice.
In many cases, injury is required to establish a breach of duty. The basis of a malpractice lawsuit is to prove that the defendant's actions led to the injury. If a physician acted negligently, they must have behaved in such a reckless manner that they caused injury to the patient. An example of this type of negligent behavior is a car accident in which the victim must demonstrate that the driver had a reckless act by speeding through an intersection with a red light. A skilled attorney can aid victims of injuries in determining if they have a valid malpractice claim. They can also represent the victim throughout the process.
Damages
Medical malpractice lawyers help seek compensation for damages incurred by patients as a result of substandard medical treatment. These damages can include future and past medical expenses, lost income, suffering and pain, and other financial losses. These damages may also include economic losses, such as diminished quality of life or a loss of enjoyment in activities that occurred prior to the malpractice.
In the United States, physicians must have malpractice insurance in order to cover their negligence in the event that they are sued by injured patients for medical malpractice. Even with the most comprehensive insurance, doctors can be accused of malpractice if their negligence in treating patients.
The liability of a physician for malpractice varies based on many aspects, the most important of which is whether or not they have violated the standard of care and that their negligence directly caused harm. It is crucial to get a medical malpractice lawyer on your side to evaluate your case, and help you decide whether you'd like to pursue legal action.
Contact a seasoned New York medical malpractice attorney to discuss your options if you've been injured by an error in medicine. The medical malpractice team at Snyder Sarno D'Aniello Maceri & da Costa LLC has successfully secured seven-figure verdicts and settlements for their clients, and can offer the assistance you need and are entitled to.
Statute of limitations
Many states have statutes of limitations which determine the period within which a patient is able to bring a medical malpractice lawsuit. This allows patients to file claims before their memories fade and evidence becomes difficult to locate. In New York, for example patients have 30 days in which to file a lawsuit for malpractice. The deadline may be extended in situations where the body has a foreign object inside the body, or if the doctor fails to diagnose cancer.
The statute of limitation begins when the injured party realizes that they have suffered injury as a result of medical negligence. However, many injuries to the body aren't immediately apparent and may take months, or even years to appear. Most states follow the discovery rule. This allows the statute of limitations to start when the injury could have been recognized.
For minors, this means that the two-and-a-half year limit doesn't start until they reach the age of 18. Certain states, such as New York, recognize the "infancy theory" that extends this period to 10 years.
Other exceptions could also apply depending on the state's law. In particular, during the COVID-19 epidemic, many statutes of limitations were shortened. If you or a loved one has suffered from medical malpractice, contact an experienced attorney immediately to discuss your legal options.