Why You Need a Medical Malpractice Lawyer
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medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
According to common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. A patient may be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the breach causes injuries or health problems.
The first step in a case of malpractice 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. The next step is to prove the breach of the obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.
An expert witness can determine whether the defendant's actions were below the standard of care in your case. The expert will need to examine your medical records and interview or cross-check you in order to make this decision.
You should also be able to prove that the breach of duty directly led the injuries. This is known as causation, and it is the third element in a malpractice claim. In most cases, you'll require a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered, which can result in an adverse reaction, such as heart attacks.
Breach of Duty
Like all doctors physicians, doctors are legally bound by an obligation to exercise care and prudence. However, doctors are held to an even higher standard since they are medical experts and are able to make life and death decisions. The duty of care is found in laws and standards for specific types of treatment and procedures.
In a case of negligence, it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For instance, a reasonable driver wouldn't run when there is a red light.
In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care that was breached and how this standard was violated. They can also explain the reason for the injury and suggest ways to have prevented it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance in order to protect against potential loss that may result due to medical negligence. To bring an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney will be able to determine your medically required expenses by examining your
medical malpractice attorneys Malpractice Law Firms (
Artrecord.Kr) records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days that you missed working due to medical issues, and that these missed days resulted from the negligence of the defendant.
Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Other types of non-economic losses 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 your non-economic damages through a process of interrogatories and depositions as well as requests for documents and statements under swearing.
Statute of limitations
In New York, as with every state, there are specific time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.
In most instances, the victim of medical malpractice must file his or her lawsuit 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. However, as with all laws there are some exceptions to this rule. If, for instance the error of the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient has been informed of the diagnosis.
In some instances like when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. This is why many states have enacted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your attorney will be familiar with the laws of your state and will scrutinize the timeline of your case carefully to avoid any administrative errors that could cause delays to your claim.