Five Killer Quora Answers To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical procedures and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as sensible and prudent in providing medical care. A patient could be in a position to file a lawsuit for medical malpractice (Suggested Resource site) if those standards aren't adhered to and the failure results in injury or health complications.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove the breach occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

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

You must be able to prove that the breach directly caused your injury. This is known as causation and it is the third element of a negligence claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which can result in an adverse reaction like a heart attack.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to exercise reasonable care and caution. Doctors are held to higher standards, however, because they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant was bound by a duty to care for the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The standard of care is usually determined by what an ordinary person would do in the same situation. For example, a prudent driver would not stop at when there is a red light.

In a malpractice case, experts are usually needed to testify regarding the standard of care and how it was violated. They can also describe the reason for the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result due to medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer will determine your medically required expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice law firms malpractice lawyer must prove your lost earnings by proving the amount of days you have missed from work because of medical complications, and medical malpractice that these days resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through depositions, interrogatories, and demands for documents and declarations under oath.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitations - within which a medical malpractice law firms negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed within the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the negligence or act of a healthcare professional caused the injury or death. As with all laws this law is not without exceptions. For instance, if the error of the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances, a patient may not discover the problem until a considerable time later, for example the case where a foreign body remains in the body following surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the rules of your state and will review your case timeline carefully to avoid administrative errors which could delay your claims.