Why We Do We Love Medical Malpractice Law (And You Should, Too!)

Why You Need a medical malpractice claim Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that governs medical malpractice attorneys malpractice cases is built on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death, they could be held liable for negligence.

Duty of Care

medical malpractice lawyers professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in their healthcare. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't met and the failure results in injuries or health issues.

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 an obligation to act in a reasonable manner. Then, you need to prove that the breach of this duty occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular situation. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly caused you to suffer injuries. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance, could lead to the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with the utmost care and caution. Doctors are held to an even higher standard, however, because they are medical experts and make life-or-death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

One of the first elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor did not meet the standards of care for the situation. The quality of care is usually determined by what a normal person would do in the same circumstances. For example an honest driver wouldn't run an intersection with a red light.

In a malpractice case, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also explain the reason for the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result from medical negligence. In order to file an action for damages the plaintiff must show 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 malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent from work because of medical complications, and that these days were a result of the negligence of the defendant.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can explain your mental, physical, and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories and also requests for medical malpractice attorney documents or sworn statements.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed before the deadlines that are set by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission of an health professional resulted in injury or death. Like all laws, this law is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until a considerable time later for instance when a foreign object is left within the body after surgery or treatment. In this regard, a majority of states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of the rules of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.