Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.
In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical practice and results in injury or death, they could be held liable for negligence.
Duty of Care
Medical professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide treatment. When those standards are not followed and the result is injury or health complications, a patient may be able to file a medical malpractice lawsuit.
The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they were bound to act in a fair manner. You then need to prove that the breach occurred. This is typically done with the use of expert testimony that 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 standard of care that is accepted in your particular circumstance. To enable the expert to determine this they must be able review your medical records and conduct an examination or interview with you.
It is also necessary to establish that the breach of duty directly caused you to suffer injuries. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you will require a direct cause & result relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This can cause an adverse reaction such as heart attacks.
Breach of Duty
Like all people, are legally bound by a obligation to behave with reasonable care and caution. However doctors are held to an even more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatment and procedures.
One of the first things that must be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is usually determined by what a reasonable individual would do in the situation. For instance, a reasonable driver would not stop at when there is a red light.
In a malpractice lawsuit experts may be required to testify regarding the standard of care violated and how the standard was violated. They can also provide the reason behind the injury and explain how they could have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount you receive in a successful lawsuit is contingent on how effectively your New York
medical malpractice attorney argues for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer should also establish the number of days you were off work because of your medical issues and the fact that these missed work days were due to the negligence of the defendant.
The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional pain as an direct result of defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by 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 prior to a medical negligence case can be filed. Otherwise the court will decide to 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 submitted before the deadlines set by law.
In most cases, victims of medical malpractice must make a claim within two and a half years from the date that the act or omission of a healthcare professional resulted in the death or injury. Like all laws, this law is not without exceptions. If, for instance, the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the treatment has been completed or the patient has been informed of the diagnosis.
In certain instances, a patient may not realize the problem until quite a while later, for example, if a foreign body is left in the body following surgery or treatment. Because of this, many states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain situations. Your lawyer is familiar with the rules of your state and will examine the timeline of your case carefully to avoid any administrative errors that could impede your claim.