Why We Why We Medical Malpractice Law And You Should Too

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor is not following accepted medical practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

medical malpractice attorneys professionals must adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide care. If the standards aren't followed and the result is harm or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they were bound to act reasonably. The next step is to prove that the breach occurred. This is typically done using 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 were below the accepted standard of care in your particular case. To allow the expert to determine this they must be able to examine your medical records and conduct an examination or interview of you.

You must also show 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 cases, you'll require a direct cause-and- result relationship between the breach of duties and the resulting injury. A misdiagnosis for instance, could lead to prescribing the wrong medicine or treatment being given. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and caution. Doctors are held to higher standards, however, because they are medical experts and make life-or-death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant owed the duty of care for the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is typically defined by what an average person would do under the same situation. For instance the reasonable driver wouldn't run a red light.

In a malpractice case, expert witnesses are often needed to testify about the standard of care and the way in which it was violated. They can also discuss the cause of the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to file a claim, the plaintiff must 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 malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can determine your medically required expenses through a thorough review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were away working due to medical issues, and that these missed days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can explain your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic losses through interrogatories, depositions, and requests for statements and documents under the oath.

Statute of limitations

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

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission of a health care provider resulted in injury or death. As with all laws, this rule is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is complete or the patient is informed of the diagnosis.

In certain instances, a patient may not realize the problem until quite a while later, for example in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific rules in your state and will carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.