Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must observe the highest standards of care when treating their patients. If a doctor does not adhere to the accepted medical standard and causes an injury or death, he may be liable for negligence.

Duty of Care

medical malpractice law firms professionals are expected to follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide care. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't followed and the result is injury or health complications.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. You then need to prove that the breach occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in the particular case. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must also establish that the breach directly caused your injury. Causation is a third element in a malpractice claim. In most cases you will need a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being administered. This can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to conduct themselves with reasonable care and caution. Doctors are held to an even higher standard however, since they are medical experts who make life-or-death decisions. The duty of care is found in laws and standards governing specific kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant was bound by a duty to care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what an ordinary person would do under the same circumstances. A reasonable driver, for instance, would not run the traffic light.

In a case of negligence, expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. They can also discuss what caused the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result due to medical negligence. To bring an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, testimony from experts, and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer has to demonstrate the number of days you were away from work due to your medical conditions and the fact that these missed work days resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can detail your physical, mental and emotional pain as direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability to have an intimate, sexual relationship with your spouse, or any other significant person like you once did. The defendant's attorney will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for statements and documents under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date when the negligence or act of a health care provider resulted in the death or injury. However as with all laws there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the course of treatment is completed or the patient learns of the diagnosis.

Additionally, in some cases for instance, when a foreign object is found 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. To solve this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. 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 that could cause delays to your claim.