Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The common law system governs medical malpractice claims.

According to common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practice and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as sensible and prudent in providing medical care. A patient might be able to file a lawsuit for medical malpractice if these standards aren't followed and the result is injuries or health issues.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was bound to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your case. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You should also be able to prove that the breach of duty directly led you to experience injuries. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, medical malpractice lawyer which results in an adverse reaction, like a heart attack.

Breach of Duty

As with all individuals, have a legal duty to act with reasonable care and be cautious. However doctors are held to a more stringent standard because they are considered medical experts who make life and death decisions. The duty of care is outlined in the laws and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example would not operate at a traffic light.

In a malpractice case experts could be needed to testify on the standard of care violated and how this standard was breached. They can also describe the reason for the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer can argue for medical malpractice lawyer your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you have missed from work because of medical complications, and that these days were a result of the defendant’s negligence.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can provide details of your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for documents and statements under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed within the deadlines established by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission made by a health care provider caused injury or death. As with all laws, this rule has its exceptions. If, for instance, the error of the health professional was part of a ongoing treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some cases, a patient may not discover the problem until a long time after for instance, if a foreign body remains within the body after surgery or treatment. This is why many states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be well-versed in the laws of your state and will review your case timeline carefully to avoid administrative errors that can derail your claims.