Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, they may 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 their medical care. If those standards are not adhered to and the failure results in injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act reasonably. Then, you need to prove that a breach of that obligation occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

The expert witness can determine whether the defendant's actions fell below the standard of care in your situation. The expert will need to look over your medical records and interview or cross-check you in order to make this decision.

You must be able to establish that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with care and caution. Doctors are held to higher standards but because they are medical experts and can make life-or-death decisions. The obligation of care is defined in the law and standards that apply to certain types of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to 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 situation. A reasonable driver, for instance will not go through the traffic light.

In a malpractice case, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also provide the reason behind the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that may arise from medical negligence. To file a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days that you missed from work due your medical complications, and vimeo the fact that these days resulted from the defendant’s negligence.

Non-economic losses are more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional, and mental distress because of the infractions committed by the defendant. Loss of consortium is another type of non-economic damage. This is the inability to maintain an intimate relationship with your spouse or any other significant individual as you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories as well as requests for documents and sworn testimony.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must present a lawsuit within two and vimeo a half years from the date that the act or omission of a health care provider caused the injury or death. As with all laws this one is not without exceptions. If, for vimeo instance, the error made by the health care provider was part of a continuous treatment plan, then the "clock" of 30 months will not start until the treatment has been completed or the patient is informed of the diagnosis.

In some cases it is possible that a patient will not realize the problem until quite a while later for instance the case where a foreign body remains in the body following surgery or treatment. In order 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 lawyer will be familiar with the laws of your state and will review the timeline of your case with care to avoid administrative mistakes which could delay your claims.