Why You Need a
Medical Malpractice LawyerA medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.
In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor violates accepted medical procedures and causes injury or death, then he could be held accountable for negligence.
Duty of Care
Medical professionals are expected to follow a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical treatment. A patient might be able to file a lawsuit for medical malpractice if these standards aren't met and the result is injury or health complications.
The first step in a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity owed you a duty to act in a reasonable way. Then, you need to prove that a breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.
This expert witness can help determine whether the defendant's actions are below the accepted standard in your particular case. To allow the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.
You must also be able to prove that the breach of duty directly led you to suffer injury. This is known as causation and it is the third element of a negligence claim. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that can result in an adverse reaction like a heart attack.
Breach of Duty
Physicians, like all other people, have a legal duty to act with reasonable care and caution. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that apply to certain kinds of treatments and procedures.
In a negligence case, it is essential to establish that the defendant was bound by the duty of care for the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the specific situation. The quality of care is usually determined by what a reasonable person would do in the same situation. For instance an honest driver would not run an intersection with a red light.
In a lawsuit involving a malpractice experts may be needed to testify on the standard of care that was breached and the manner in which this standard was breached. They can also describe the reason for the injury and explain how they could have prevented it.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such
Medical malpractice law firms expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount of money you will receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work due to medical issues, and the fact that these days were the result of the defendant's negligence.
Non-economic damages can be harder to prove. You may need assistance from a professional witness who can describe your physical, mental and emotional pain as an direct result of defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn testimony.
Statute of Limitations
In New York, as with every state, there are specific time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience 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 most cases, a victim of medical malpractice must bring a lawsuit within two and a half years from the date on which the negligence or act of a doctor or other health professional caused the injury or death. Like 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 "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.
Additionally, in certain instances, such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the specific rules of your state and will review your case timeline to avoid any administrative errors that could impede your claim.