Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.
According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical procedures and results in injury or death, they could be held accountable for negligence.
Duty of Care
medical malpractice lawsuits professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide healthcare. A patient might be able to file a lawsuit for medical malpractice if these standards aren't adhered to and the failure results in injury or health complications.
The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. Then, you need to prove the breach of the obligation occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.
The expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular case. The expert will review your medical records, and then interview or testify against you in order to determine this.
You must also be able to prove that the breach of duty caused you to experience injury. Causation is a third element in a claim for malpractice. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction such as heart attacks.
Breach of Duty
Like all doctors physicians, doctors are legally bound by an obligation to act with care and prudence. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and are able to make life and death decisions. The duty of care is outlined in the regulations and laws for certain types of treatments and procedures.
One of the first things that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proven that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is typically determined by what a normal person would do in similar situations. A reasonable driver, for instance would not operate at a traffic light.
In a malpractice case experts are usually needed to testify on the standard of care and the manner in which it was breached. They can also describe how the injury was caused and what could be done to prevent it from occurring.
Damages
In the United States, physicians are required to carry malpractice insurance to cover any potential damages that could result due to medical negligence. In order to make an action 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 you receive from a successful suit for malpractice depends on how well your New York
medical malpractice attorney will argue for your losses. Your attorney will 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 amount of days you have missed from work due your medical complications, and the fact that these days were the result of the defendant's negligence.
Non-economic losses are more difficult to prove and
medical malpractice attorney might require the assistance of a professional who will testify about your physical, emotional, and mental distress because of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions and requests for documents and sworn declarations.
Statute of limitations
As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines specified by law.
In the majority of cases, a 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 resulted in the death or injury. However, as with all laws there are some 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 statutory "clock" will not begin until that course of treatment is completed or until the patient becomes aware of the diagnosis.
Additionally, in certain situations such as when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. To address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the specific laws of your state and carefully go over the timeline of your case to ensure that there are no administrative mistakes that could impede your claim.