Why You Need a
medical malpractice lawsuits Malpractice Lawyer
A medical malpractice attorney helps injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.
In the common law, doctors must observe a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and causes injury or death, they may be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in providing medical care. If these standards aren't adhered to and the failure results in injury or health complications the patient could be able to bring a medical malpractice lawsuit.
The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they were bound to act in a reasonable manner. You must then prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.
The expert witness can determine if the defendant's actions were below the accepted standard in your situation. To enable the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview with you.
You must be able to show that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of cases, you will need a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and in turn causes an adverse reaction such as a heart attack.
Breach of Duty
Just like everyone else, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to higher standards but because they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the laws and standards that govern specific types of treatments and procedures.
In a case of negligence it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care for the situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example would not use an intersection at a stoplight.
In a case of malpractice, experts are usually needed to testify about the standards of care and how it was violated. They can also discuss what caused the accident and what could have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish your medically necessary expenses through a review your medical records, the testimony of experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days that you missed from work due to medical problems, and proving the fact that these days resulted from the defendant's negligence.
Non-economic damages can be more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental pain because of the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The defendant's
attorney will challenge the non-economic damages you suffer through interrogatories, depositions and requests for documents and statements under swearing.
Statute of Limitations
Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines stipulated by law.
In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the act or omission of a healthcare professional resulted in the death or injury. Like all laws, this one is not without exceptions. If, for instance the error committed by the health professional was part of a ongoing course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.
In some cases it is possible that a patient will not discover the problem until a long time later, for example in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have adopted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will know the specific laws of your state and will review your case timeline to avoid any administrative errors that can derail your claim.