Why You Need a Medical Malpractice Lawyer
A
medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In common law, doctors are required to adhere to a certain level of care when treating patients. If a physician violates accepted medical practices and results in injury or death, the doctor could be held accountable for negligence.
Duty of Care
Medical professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. If those standards are not followed and if they cause injuries or health issues the patient may be able to bring a medical malpractice lawsuit.
The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act reasonably. The next step is to prove that the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.
The expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in the particular case. In order for the expert to determine this they must be able review your
medical malpractice lawsuits records and conduct an examination or interview with you.
It is also necessary to prove that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third component of a negligence claim. In most cases, you'll require a direct cause and effect connection between the breach of duties and the resulting injury. A misdiagnosis, for instance may result in the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as heart attacks.
Breach of Duty
Like all people, have a legal duty to act with reasonable care and caution. Doctors are held to an even higher standard however, since they are medical experts who make life-or-death decisions. The duty of care is outlined in the law and standards that are situated for specific types of treatments and procedures.
One of the first things 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 duty of care. This means that the doctor failed to meet the standard of care in the given circumstance. The standard of care is usually determined by what a typical person would do under the same situation. A reasonable driver, for instance will not go through an intersection at a stoplight.
In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was breached and how this standard was breached. They can also explain how the injury was caused and what could be done to stop it from occurring.
Damages
Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To submit a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).
The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney defends your losses. Your lawyer can establish your medically necessary expenses through a review your medical records, the testimony of experts and the use of economic experts. For your loss of earnings your medical malpractice lawyer must prove the number of days you were absent from work due to medical complications and the fact that these days off work were the result of the negligence of the defendant.
The non-economic loss can be more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional, and mental pain due to the infractions committed by the defendant. Loss of consortium is a different type of non-economic harm. It is the inability to have an intimate relationship with your spouse or another significant person as you once did. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents and sworn statements.
Statute of Limitations
In New York, as with every state, there's a set of time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines stipulated by law.
In the majority of cases, a victim of
medical malpractice law firms negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission made by a health care provider resulted in the death or injury. As with all laws, this one is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or when the patient is informed of the diagnosis.
In some cases it is possible that a patient will not discover the problem until quite a while later, for example, if a foreign body is left within the body after surgery or treatment. Because of this, many states have enacted an idea of law known as the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of specific rules in your state and carefully examine your case's timeline to avoid any administrative errors that could delay your claim.