Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps victims receive compensation for their losses. The common law system regulates medical malpractice claims.
In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, the doctor may be held responsible for negligence.
Duty of Care
Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical healthcare. If these standards aren't followed and the result is injuries or health issues patients may be able to file a
medical malpractice lawsuit.
The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity owed you a duty to act reasonably. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.
The expert witness will be able determine if the defendant's actions fell below the accepted standard of care in the 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 led to your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction like a heart attack.
Breach of Duty
Physicians,
medical malpractice lawsuit like all other people, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to a higher standard, however, because they are medical experts and make life-or-death decisions. The responsibility of medical care is described in the law and standards that are situated for specific kinds of treatments and procedures.
One of the first things that must be proven in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is generally determined by what a reasonable individual would do in the same situation. For instance an honest driver would not run an intersection with a red light.
In a case of malpractice expert witnesses could be needed to testify on the standard of care violated and how this standard was violated. They can also explain how the injury was caused and what could be done to stop it from happening.
Damages
In the United States, physicians are required to have malpractice insurance in order to cover any loss that may result due to medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).
The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days that you missed from work due your medical issues, and that these days were a result of the negligence of the defendant.
Non-economic losses are more difficult to prove and might require the help of a professional who can give evidence about your physical, emotional, and mental suffering due to the negligence of the defendant. Other types of non-economic losses include loss of consortium, which is the 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 your non-economic losses through depositions, interrogatories, and requests for documents and evidence under oath.
Statute of Limitations
Like all states,
medical malpractice lawsuit New York has a statute of limitations that must be met before a
medical malpractice lawsuit can be filed. Otherwise the court will not dismiss the case. A New York
medical malpractice attorneys malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines stipulated 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 that the negligence or act of a health care provider resulted in the death or injury. As with all laws, this law is not without exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the course of treatment is completed or when the patient becomes aware of the diagnosis.
In certain instances the patient may not be aware of the issue until a long time after, for example in the event that a foreign substance remains in the body following surgery or treatment. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of the rules of your state and will scrutinize your case's timeline carefully to avoid administrative mistakes which could delay your claims.