Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.
In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor is not following the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in providing medical care. A patient may be eligible to file a claim for medical malpractice if those standards aren't met and the failure results in injuries or health problems.
The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they were bound to act in a fair manner. You must then prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.
The expert witness will be able to determine if the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will need to review your medical records, and interview or examine you in order to determine this.
You must also be able to prove that the breach of duty caused you to experience injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and results in an adverse reaction like heart attacks.
Breach of Duty
As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The duty of care is set in the regulations and standards that govern specific types of procedures and treatments.
One of the primary elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is generally determined by what a reasonable person would do in the situation. For example an honest driver would not run the red light.
In a malpractice case expert witnesses are often needed to testify about the standards of care and the way in which it was violated. They can also provide what caused the injury and what could have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To bring a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).
The amount of compensation you receive from a successful malpractice lawsuit depends on how your New York
Medical Malpractice Law Firm malpractice lawyer defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings your medical malpractice lawyer must demonstrate the number of days you were away from work due to medical condition and also the fact that these days off work were the result of the defendant's negligence.
The non-economic loss can be more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions, and requests for documents and statements under the oath.
Statute of Limitations
In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations - within which a
medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines set by law.
In most instances, the victim of
medical malpractice law firm malpractice has to bring a lawsuit within two and a half years of the date at which the negligence or act of a medical professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is complete or the patient becomes aware of the diagnosis.
Additionally, in some cases like when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will examine your case's timeline carefully to avoid any administrative errors which could delay your claims.