Does Technology Make Medical Malpractice Law Better Or Worse

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 based on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. When those standards are not met and that failure causes injury or health complications patients may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable way. Then, you must show that a breach of that duty occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular circumstance. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

You must also show that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with diligence and care. However doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The obligation of care is defined in the law and standards that govern specific types of treatments and procedures.

In a case of negligence, Medical Malpractice attorney it is important to establish that the defendant had a duty to care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. For example the reasonable driver would not run when there is a red light.

In a malpractice case experts could be needed to testify on the standard of care that was not met and how the standard was breached. They can also discuss the cause of the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that may arise from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish your medically necessary expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyers malpractice attorney must prove your lost earnings by proving the number of days you were absent working due to medical complications, and the reason for these absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can explain your physical, mental and emotional distress as a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. It is the inability of having a loving, sexual relationship with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant may challenge your noneconomic damages by way of depositions and interrogatories and requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed prior to the deadlines established by law.

In the majority of instances, the victim of medical malpractice must make a claim within two and a half years of the date when the act or omission of a health care provider caused the injury or death. However as with all laws, there are a few exceptions to this rule. If, for example, the error committed by the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not be aware of the issue until a long time later for instance in the event that a foreign substance remains within the body after surgery or treatment. For this reason, most states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain instances. Your attorney will be aware of specific laws in your state and carefully go over the timeline of your case to avoid any administrative errors that could impede your claim.