Why You Need a
Medical Malpractice LawyerA
medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical practices and results in a death or injury or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. When those standards are not followed and the result is injuries or health issues the patient may be able to file a
medical malpractice lawsuit.
The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act with reasonable care. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.
The expert witness can determine whether the defendant's actions were less than the accepted standard in your case. To allow the expert to arrive at this conclusion, they will need to be able to review your medical records and conduct an examination or interview of you.
It is also necessary to establish that the breach of duty directly led you to suffer injuries. Causation is the 3rd element in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being administered. This could result in an adverse reaction such as heart attacks.
Breach of Duty
Physicians, like all other people, are required by law to fulfill a obligation to behave with reasonable care and prudence. However, doctors are held to a more stringent standard because they are medical experts and are able to make life and death decisions. The duty of care is found in laws and standards governing specific types of treatments and procedures.
In a case of negligence it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for instance, would not run the traffic light.
In a malpractice lawsuit experts could be required to provide evidence on the standard of care that was breached and the way in which this standard was violated. They can also describe the reason for the injury and explain how they could have prevented it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish medically essential costs by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed from work due your medical problems, and proving that these missed days resulted from the negligence of the defendant.
Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different kind of non-economic loss. This is the inability of having a romantic, sexual connection with your spouse or any other significant person as you used to. The lawyer representing the defendant will contest your non-economic damages by a process of depositions, interrogatories, and requests for documents and statements under the oath.
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 the case. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines and will ensure that your claim is submitted before the deadlines stipulated by law.
In most instances, the victim of medical malpractice must make a claim within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. However like with all laws there are some exceptions to this rule. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not begin until the treatment is completed or when the patient learns of the diagnosis.
Additionally, in some cases for instance, when an object that is foreign remains inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. In this regard, a majority of states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be well-versed in the laws of your state and will go over the timeline of your case with care to avoid any administrative errors that could impede your claim.