Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system governs medical malpractice claims.
Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, then he may be held responsible for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing healthcare. If those standards are not met and that failure causes harm or health issues patients may be able to sue for
medical malpractice lawsuit.
The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.
The expert witness will be able to determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. The expert will need to review your medical records, and then interview or testify against you to make this decision.
It is also necessary to establish that the breach of duty directly caused you to suffer injuries. Causation is the 3rd element in a malpractice claim. In the majority of cases, you'll require a direct cause-and- result connection between the breach of duties and the resulting injury. A misdiagnosis for instance can result in prescribing the wrong medicine or treatment being given. This in turn can cause a negative reaction such as a heart attack.
Breach of Duty
Like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. Doctors are held to an elevated standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is outlined in the law and standards that govern specific kinds of treatments and procedures.
One of the most important elements that needs to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it needs to be established that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The quality of care is usually defined by what an average person would do in similar situations. For instance the reasonable driver would not speed through a red light.
In a case of negligence, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also provide what caused the injury and explain how they could have prevented it.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount you are awarded from a successful malpractice case depends on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will determine your medically required expenses by examining your
medical malpractice law firm records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were away from work because of medical issues, and the fact that these days were due to the defendant's negligence.
Non-economic losses can be more difficult to prove and could require the assistance of a professional who can be able to testify about your physical, emotional, and mental distress because of the negligence of the defendant. Loss of consortium is a different type of non-economic harm. It is the inability to enjoy a romantic, sexual connection with your spouse or other significant person as you once did. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, 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 lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines and will ensure that your claim is filed within the deadlines specified by law.
In most cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission committed by medical professionals caused death or injury. As with all laws, this one is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month legally required "clock" will not start until that course of treatment is completed or the patient learns about the diagnosis.
In some instances, a patient may not realize the problem until quite a while later, for example when a foreign object remains in the body following surgery or treatment. To address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws of your state and will carefully go over the timeline of your case to avoid any administrative errors that can derail your claim.