Why You Need a Medical Malpractice Lawyer
A
medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that regulates
medical malpractice cases is founded on common law.
In the common law, doctors must observe the highest standards of care when treating their patients. If a doctor deviates from the accepted medical practices and results in injury or death the doctor could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in providing treatment. Patients may be legally able to bring a lawsuit for
medical malpractice if the standards aren't followed and the breach causes injury or health complications.
The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act in a reasonable manner. The next step is to prove that the breach of that duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.
This expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in the particular case. The expert will look over your medical records and interview or cross-check you in order to determine this.
You must be able to show that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being given. This can cause a negative reaction such as heart attacks.
Breach of Duty
Doctors, just like other people, have a legal obligation to conduct themselves with reasonable care and be cautious. However doctors are held to an even more stringent standard because they are considered experts in medicine and have to make life and death decisions. The obligation of care can be found in the regulations and laws for specific kinds of treatments and procedures.
In a negligence case, it is important to establish that the defendant owed the duty of care for the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The quality of care is usually defined by what an average person would do under the same circumstances. A reasonable driver, for instance will not go through a traffic light.
In a case of malpractice, expert witnesses may be required to testify regarding the standard of care that was not met and how this standard was breached. They can also describe how the injury occurred and what could have been done to prevent 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) and noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your lawyer can establish your medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you missed work due to medical conditions and the fact that these days off work were due to the defendant's negligence.
Non-economic damages can be more difficult to prove and may require the help of a professional who will testify about your physical, emotional and mental suffering due to the negligence committed by the defendant. Loss of consortium is a different type of non-economic injury. It is the inability to have a loving, sexual relationship with your spouse or other significant person in the same way you once did. The defendant's attorney will challenge your non-economic damages through interrogatories, depositions, and requests for statements and documents under oath.
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 is skilled is well-versed in the nuances of these deadlines. They will also ensure that your claim is filed before the deadlines set by law.
In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission committed by the health professional caused injury or death. However like with all laws there are some exceptions to this rule. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the course of treatment is completed or when the patient learns of the diagnosis.
Additionally, in certain situations, such as when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will review your case's timeline carefully to avoid administrative mistakes which could delay your claims.