10 Things Everybody Hates About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor is not following the accepted medical practices and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide treatment. If these standards aren't followed and the result is injuries or health problems patients may be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or entity had a legal obligation to act reasonably. The next step is to prove that the breach occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. The expert will review your medical records, and interview or examine you to determine this.

You must be able to establish that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause & effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to exercise diligence and care. However doctors are held to a higher standard due to the fact that they are considered medical experts who make life and death decisions. The duty of care is set in the laws and standards that apply to certain kinds of treatments and procedures.

In a negligence case it is essential to establish that the defendant owed the obligation of taking care of the plaintiff. Then, it must be proven that the defendant breached that duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The quality of care is usually defined by what an average person would do under similar circumstances. For instance, a reasonable driver would not speed through a red light.

In a malpractice lawsuit experts may be required to testify about the standard of care that was violated and how the standard was breached. They can also discuss the reason for the injury and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any damages that could result due to medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed from work due your medical problems, and proving the fact that these days were a result of the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will give evidence about your physical, emotional, and mental suffering because of the negligence of the defendant. Loss of consortium is a second kind of non-economic loss. This is the inability to maintain an intimate relationship with your spouse or another significant individual as you once did. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories, depositions, along with requests for documents and sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission made by the health professional caused the death or injury. As with all laws this one is not without exceptions. If, for instance, the error of the health care provider was a part of a continual treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some cases patients may not realize the problem until a considerable time later, for example when a foreign object is left in the body following surgery or treatment. To deal with this issue, a majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific laws in your state and will carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.