Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.
In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician does not follow the accepted medical norms and results in injury or death the doctor could be held accountable for negligence.
Duty of Care
Medical professionals are required to follow a set of standards that are accepted by the
medical malpractice lawsuits profession as being reasonable and prudent when providing healthcare. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't adhered to and the failure results in injury or
medical malpractice lawsuit health complications.
The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was obligated to act reasonably. The next step is to prove that the breach of this duty occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.
The expert witness can determine whether the defendant's actions fell less than the accepted standard in your situation. In order for the expert to make this determination they must be able to look over your medical records and conduct an examination or interview of you.
It is also necessary to establish that the breach of duty directly led the injury. This is known as causation, and it is the third element of a malpractice claim. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being prescribed and can result in an adverse reaction such as a heart attack.
Breach of Duty
As with all other professionals, doctors have a legal obligation to act with diligence and care. Doctors are held to an elevated standard but because they are medical experts who make life-or-death decisions. The duty of care is outlined in the laws and standards that govern certain types of treatments and procedures.
One of the first things to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For example, a reasonable driver would not run the red light.
In a malpractice case experts are usually needed to testify on the standard of care and the way in which it was violated. They can also explain what caused the injury and suggest ways to have prevented it from happening.
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 make a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).
The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, testimony from experts, and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were absent from work because of medical complications, and the fact that these days were due to the defendant's negligence.
Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can explain your physical, mental and emotional pain as a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions, and demands for documents and declarations under swearing.
Statute of Limitations
As in every state, New York has a statute of limitations that must be fulfilled before a
medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.
In most cases, victims of medical malpractice has to make a claim within two and a half years from the date when the negligence or act of a healthcare professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a continuing course of treatment, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient is informed of the diagnosis.
In certain instances patients may not recognize the problem until a long time after, for example when a foreign object is left in the body following surgery or treatment. In this regard, a majority of states have adopted the legal concept of discovery rule which permits injured victims to extend these deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will scrutinize your case's timeline carefully to avoid administrative mistakes that could impede your claim.