Why You Need a
Medical Malpractice LawyerA medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.
In the common law, doctors must follow an ethical standard when treating their patients. If a doctor violates accepted medical procedures and results in death or injury, then he could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to set standards that are accepted by the medical profession as being sensible and prudent in providing care. When those standards are not followed and the result is injuries or health problems patients may be able to file a medical malpractice lawsuit.
The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was obligated to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.
The expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. The expert will examine your medical records and also interview or question you in order to arrive at this conclusion.
You should also be able to establish that the breach of duty directly led you to experience injury. Causation is the third element in a malpractice claim. In the majority of cases, you'll need a direct cause and result connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and that results in an adverse reaction like heart attacks.
Breach of Duty
Doctors, just like other people, are required by law to fulfill a obligation to exercise reasonable care and with caution. Doctors are held to a higher standard, however, because they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that govern specific types of procedures and treatments.
One of the most important elements to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is typically determined by what an ordinary person would do under the same circumstances. For example, a reasonable driver wouldn't run the red light.
In a case of malpractice, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also discuss the reason for the injury and what could be done to prevent it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. For your loss of earnings Your medical malpractice lawyer has to establish the number of days you were absent from work due to your
medical malpractice law Firms condition and also the fact that these missed work days resulted from the defendant's negligence.
The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can detail your physical, mental, and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is a different kind of non-economic loss. This is the inability of having a romantic, sexual connection with your spouse or another significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions and requests for statements and documents under the oath.
Statute of Limitations
As in every state, New York has a statute of limitations that must be fulfilled before a
medical malpractice lawsuit can be filed. If not the court could dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed prior to the deadlines set by law.
In the majority of cases, a victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the date the act or omission committed by an health professional caused injury or death. As with all laws, this rule has its exceptions. If, for instance, the error committed by the health professional was part of a continuous course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.
Additionally, in some cases like when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. In this regard, a majority of states have adopted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be aware of specific laws of your state and will review your case timeline to avoid administrative errors that could impede your claim.