The Most Convincing Proof That You Need Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor does not adhere to the accepted medical standard and results in injury or death 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 malpractice lawsuits profession as being sensible and prudent in providing medical care. If those standards are not adhered to and the failure results in harm or health issues patients may be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. You then need to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. In order for the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly caused your injury. This is known as causation and it is the third component of a negligence claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like all people, have a legal obligation to behave with reasonable care and with caution. However doctors are held to an even higher standard due to the fact that they are medical experts and are able to make life and death decisions. The duty of care is set in the regulations and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant was bound by the duty of care for the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the given circumstance. The quality of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for example will not go through at a traffic light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care that was not met and how the standard was breached. They can also explain the reason for the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To make an action for damages, the plaintiff has to prove actual financial losses (such as medical malpractice lawsuits expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must establish the number of days you were off work due to medical conditions and the fact that the absences were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can explain your mental, physical, and emotional pain as an direct result of defendant's negligence. Loss of consortium is another type of non-economic injury. This is the inability of having an intimate, sexual relationship with your spouse or other significant person like you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of depositions, interrogatories, and demands for documents and declarations under the oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss it. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed prior to the deadlines stipulated by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a health care provider resulted in the death or injury. As with all laws this rule has its exceptions. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until that course of treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In this regard, a majority of states have adopted the legal concept of discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws of your state and carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.