14 Misconceptions Commonly Held About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor violates accepted medical practice and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being reasonable and prudent when they provide treatment. If those standards are not followed and the result is injury or health complications patients may have grounds to file a medical malpractice lawsuit.

The first element of 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 was obligated to act reasonably. You then need to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the case.

This expert witness will be able to determine if the defendant's actions fell below the standard of care that is accepted in the particular case. To enable the expert to make this determination, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must also prove that the breach directly caused your injury. Causation is the third element in a malpractice claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. Doctors are held to a higher standard due to the fact that they are Medical Malpractice law firms experts who make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific types of treatments and procedures.

In a negligence case it is important to establish that the defendant had an obligation to take care of the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not adhere to the standard of care for the situation. The standard of care is usually determined by what a reasonable person would do in the same situation. For example, a reasonable driver wouldn't run a red light.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care that was violated and how the standard was violated. They can also describe the reason for the injury and suggest ways to 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 malpractice lawyers negligence. In order 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 fights for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer has to establish the number of days you were away from work because of your medical conditions and the fact that the absences were due to the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional and mental suffering as a result of negligence of the defendant. Loss of consortium is another type of non-economic harm. This is the inability to have an intimate, sexual relationship with your spouse or other significant person in the same way you used to. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories and depositions along with requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and will ensure that your claim is filed within the deadlines specified by law.

In most cases, victims of medical malpractice has to bring a lawsuit within two and a half years of the date when the act or omission of a medical professional caused the injury or death. As with all laws this rule has its exceptions. If, for instance, the error of the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases for instance, when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to deal with this issue, a majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the specific laws in your state and carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.