Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
In common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor is found to be in violation of accepted medical practice 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 being reasonable and prudent when providing healthcare. If these standards aren't met and that failure causes injuries or health problems the patient could be able to bring a
medical malpractice lawsuit.
The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act in a reasonable way. Then, you have to prove that a breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.
The expert witness can determine whether the defendant's actions are less than the accepted standard in your case. In order for 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 factor in a claim for malpractice. In most cases, you'll require a direct cause and result relationship between the breach of duties and the subsequent injury. A misdiagnosis, for example one, could result in prescribing the wrong medication or treatment being given. This could cause a negative reaction such as a heart attack.
Breach of Duty
Doctors, just like other people, have a legal duty to act with reasonable care and with caution. Doctors are held to a higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards that are situated for specific kinds of treatments and procedures.
One of the most important elements that must be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is usually determined by what a reasonable person would do in the same situation. For example, a prudent driver would not speed through a red light.
In a malpractice case expert witnesses could be required to testify regarding the standard of care that was not met and how this standard was violated. They can also describe the cause of the injury and explain how they could have prevented it.
Damages
In the United States, physicians are required to carry malpractice insurance to cover any potential loss that may result from medical negligence. In order to bring an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount you are awarded from a successful malpractice case is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must also establish the number of days you were off work because of your
medical malpractice attorneys issues and the fact that these absences resulted from the negligence of the defendant.
The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental, and emotional pain as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the 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 and depositions as well as requests for documents or sworn statements.
Statute of limitations
Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court will decide to dismiss it. A seasoned New York
medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines stipulated by law.
In most cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission made by medical professionals resulted in the injury or death. However like with all laws, there are a few exceptions to this rule. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until that course of treatment is completed or when the patient is informed of the diagnosis.
In some instances for instance, when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. To tackle this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the rules of your state and will go over the timeline of your case with care to avoid any administrative errors which could delay your claims.