Why You Need a medical malpractice lawyer (
www.mecosys.com)
A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs
medical malpractice cases is based on common law.
According to common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death then he may be held responsible for negligence.
Duty of Care
Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when they provide healthcare. Patients may be in a position to file a lawsuit for medical malpractice if those standards aren't followed and the result is injuries or health complications.
The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was bound to act in a reasonable manner. Then, you need to prove that the breach of that obligation occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.
The expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will look over your medical records and interview or examine you to determine this.
You must be able to prove that the breach directly led to your injury. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and that could result in an adverse reaction such as a heart attack.
Breach of Duty
Like all doctors, doctors have a legal obligation to act with care and prudence. Doctors are held to a higher standard due to the fact that they are medical experts and can make life-or-death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.
In a case of negligence it is essential to establish that the defendant had a duty to care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is typically defined by what an average person would do under similar situations. For example an honest driver wouldn't run when there is a red light.
In a malpractice case experts are often required to testify about the standards of care and how it was violated. They can also discuss what caused 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 arising from medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).
The amount of money you will receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to prove your medically necessary expenses through a review of your medical records, evidence from experts as well as the assistance of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must establish the number of days you were away from work due to medical conditions and the fact that these missed work days were the result of the defendant's negligence.
Non-economic damages can be more difficult to prove and might require the help of a professional who can testify about your physical, emotional and mental suffering due to the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, along with requests for documents and sworn declarations.
Statute of limitations
In New York, as with every state, there are specific time limits - commonly known as statutes of limitations - within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines and will ensure that your claim is submitted before the deadlines set by law.
In the majority of cases, a victim of medical malpractice must bring a lawsuit within two and a half years from the date on which the act or omission of a medical professional resulted in the death or injury. However like all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.
In some cases, a patient may not discover the problem until quite a while later for instance when a foreign object is left in the body following surgery or treatment. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of the rules of your state and will go over your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.