9 Signs You're The Medical Malpractice Law Expert

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical standard and results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical malpractice lawyers care. A patient might be in a position to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure causes injuries or health problems.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you must show that the breach of that duty occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness can determine if the defendant's actions were not in line with the accepted standards in your particular case. To allow the expert to determine this they must be able review your medical records and conduct an examination or interview with you.

You must also establish 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 need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example one, could result in prescribing the wrong medicine or treatment being given. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to an even higher standard since they are considered experts in medicine and are able to make life and death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

In a negligence case it is vital to prove that the defendant had the obligation of taking care of the plaintiff. It must be proven that the defendant violated that duty of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The standard of care is typically determined by what an ordinary person would do under the same situation. For example the reasonable driver would not speed through the red light.

In a malpractice case experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also describe the reason behind the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential damages that could result from medical negligence. In order to submit a claim for damages, the plaintiff must demonstrate both 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 malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. For your loss of earnings, your medical malpractice lawyer should also prove the number of days you were absent from work due to medical conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can describe your mental, physical, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to maintain a romantic, medical malpractice attorney sexual connection with your spouse or another significant person in the same way you used to. The attorney representing the defendant will challenge your non-economic losses through 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 will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In the majority of cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission committed by medical professionals resulted in injury or death. However like with all laws there are some exceptions to this rule. For instance when the health care provider's error was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or until the patient learns of the diagnosis.

Additionally, in some cases like when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. In this regard, a majority of states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will go over the timeline of your case carefully to avoid administrative mistakes that could impede your claim.