Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney can help victims receive compensation for their losses. The legal system that regulates
medical malpractice lawyers malpractice cases is built on common law.
In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical practices and results in a death or injury or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set standard that are accepted by the medical profession as being reasonable and prudent in providing medical care. If those standards are not adhered to and the failure results in injury or health complications patients may have grounds 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 owed you a duty to act reasonably. The next step is to prove that the breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the case.
This expert witness can help determine whether the defendant's actions were not in line with the accepted standards in your specific case. The expert will need to review your medical records, and also interview or question you to determine this.
You should also be able to establish that the breach of duty directly led the injuries. Causation is the third element in a claim for malpractice. In the majority of cases, you'll need a direct cause and result relationship between the breach of duties and the resulting injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being given. This in turn can result in an adverse reaction such as heart attacks.
Breach of Duty
As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. 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 is outlined in the regulations and laws for specific types of treatments and procedures.
In a case of negligence, it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor did not live up to the standard of care for the situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance would not use a traffic light.
In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was breached and the manner in which this standard was breached. They can also provide a detailed explanation of how the injury occurred and what could be done to prevent it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to submit an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting 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 condition and also the fact that these days off work resulted from the negligence of the defendant.
The non-economic loss can be more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional and mental pain due to the infractions committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability to have an intimate relationship with your spouse, or any other significant individual as you once did. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories and depositions along with requests for documents and sworn statements.
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. If not the court will not dismiss the case. A New York medical malpractice attorney (
http://Gpnmall.gp114.net) who is knowledgeable is well-versed in the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set by law.
In the majority of cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission made by an health professional resulted in the injury or death. However as with all laws, there are a few exceptions to this rule. For instance in the event that 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 complete or the patient learns of the diagnosis.
In some instances the patient may not discover the problem until a long time later, for example, if a foreign body remains in the body following surgery or treatment. For this reason, most states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines under certain circumstances. Your attorney will be aware specific laws in your state and carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.