5 Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor does not adhere to accepted medical practices and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in their care. If these standards aren't followed and if they cause injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first step 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 reasonable way. The next step is to prove that a breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

This expert witness will help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will review your medical records, and interview or cross-check you in order to arrive at this conclusion.

You must also demonstrate that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction, like a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to act with care and caution. Doctors are held to an elevated standard but because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it must be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The quality of care is usually determined by what a normal person would do in the same circumstances. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a case of malpractice experts could be required to provide evidence on the standard of care that was breached and how this standard was violated. They can also provide what caused the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney can determine your medically required expenses through a review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice law firms malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed from work due to medical complications, and the fact that these days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can explain your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic harm. It is the inability to enjoy a loving, sexual relationship with your spouse, or any other significant individual as you once did. The lawyer representing the defendant will challenge your non-economic damages in the form of depositions and interrogatories and requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years of the date that the negligence or act of a medical professional resulted in the death or injury. As with all laws this rule is not without exceptions. If, for instance, the error committed 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.

Additionally, in certain instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. This is why many states have enacted the legal concept known as the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer is familiar with the rules of your state and will go over the timeline of your case carefully to avoid administrative errors that could impede your claim.