Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
In common law, doctors must observe a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death, the doctor could be held liable for negligence.
Duty of Care
Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being reasonable and prudent in providing medical healthcare. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't being met and the failure results in injury or health complications.
The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity had a legal obligation to act reasonably. Then, you need to prove the breach of the obligation occurred. This is typically done an expert witness that can provide a objective analysis and evaluation.
The expert witness can determine whether the defendant's actions were below the accepted standard in your particular case. In order for the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.
You must also prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In the majority of cases, you'll require a direct cause-and- effect relationship between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and can result in an adverse reaction like a heart attack.
Breach of Duty
Physicians, like all other people, have a legal duty to act with reasonable care and prudence. However doctors are held to a higher standard because they are considered experts in medicine who make life and death decisions. The responsibility of
medical malpractice lawsuits care is described in the law and standards that are situated for specific kinds of treatments and procedures.
One of the first elements that needs to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to adhere to the standard of care appropriate to the circumstances. The standard of care is typically determined by what an ordinary person would do in similar circumstances. For instance, a reasonable driver wouldn't run an intersection with a red light.
In a malpractice case experts could be required to provide evidence on the standard of care that was violated and how this standard was violated. They can also explain how the injury occurred and what could be done to prevent it from happening.
Damages
In the United States, physicians are required to have malpractice insurance to protect against potential damages 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), as well as 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 defends your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings the
medical malpractice lawyers malpractice lawyer must establish the number of days you were off work due to medical issues and the fact that the absences were due to the defendant's negligence.
Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can provide details of your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss of consortium is another type of non-economic injury. It is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant person like you once did. The lawyer representing the defendant will contest your non-economic losses through a process of depositions, interrogatories, and requests for documents and statements under swearing.
Statute of limitations
As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines that are set by law.
In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date when the negligence or act of a doctor or other health professional caused the injury or death. However like with all laws, there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month
legal "clock" will not start until the course of treatment is completed or when the patient learns of the diagnosis.
In some cases patients may not discover the problem until a long time later for instance, if a foreign body is left within the body after surgery or treatment. This is why many states have enacted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will review your case's timeline carefully to avoid administrative mistakes which could delay your claims.