Why You Need a Medical Malpractice Lawyer

A medical malpractice law firm malpractice attorney helps injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following accepted medical practice and it results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide care. When those standards are not adhered to and the failure results in injury or health complications, a patient may be able to sue for medical malpractice lawsuit.

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 had a legal obligation to act reasonably. Then, you have to prove that a breach of that duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular situation. To enable the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly led you to suffer injuries. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you will require a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to act with care and prudence. Doctors are held to a higher standard, however, because they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the law and standards that govern specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant had a duty to care for the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. A reasonable driver, medical malpractice lawsuit for instance would not use a traffic light.

In a lawsuit involving a malpractice, expert witnesses may be required to provide evidence on the standard of care that was breached and the manner in which this standard was breached. They can also discuss the reason for the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such speedway medical malpractice lawyer expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can prove your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were away from work because of medical conditions, and also that these missed days were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can provide evidence of your physical, emotional, and mental pain due to the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed by the deadlines set by law.

In most cases, victims of medical malpractice has to bring a lawsuit within two and a half years from the date that the negligence or act of a healthcare professional resulted in the death or injury. However like all laws, there are a few exceptions to this rule. If, for instance the error made by the health professional was part of a continuous treatment plan, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not realize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. This is why many states have adopted a legal concept called the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer is aware of the rules of your state and will review the timeline of your case carefully to avoid mistakes in the administration that could impede your claim.