14 Misconceptions Common To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor is not following the accepted medical norms and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as sensible and prudent in providing care. If the standards aren't followed and if they cause injuries or health issues, a patient may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. Then, you need to prove that a breach of that duty occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your case. In order for the expert to make this determination, they will need to be able to examine your medical malpractice lawyers records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with diligence and care. However, doctors are held to an even higher standard due to the fact that they are medical experts who make life and death decisions. The duty of care can be found in the regulations and laws for specific types of treatments and procedures.

One of the most important elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for example will not go through a traffic light.

In a case of negligence, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also discuss the reason for the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will establish your medically necessary expenses through a thorough review of your medical records, testimony from experts, medical malpractice lawsuit and the use of economic experts. For your loss of earnings the medical malpractice lawyer must also show the number of times you missed work due to medical conditions and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who can testify about your physical, emotional and mental distress due to the negligence committed by the defendant. Loss of consortium is another type of non-economic damage. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person like you once did. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions and also requests for documents and sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is skilled is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In most cases, victims of medical malpractice must file his or her lawsuit within two and a half years from the date at which the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this one 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 mandatory "clock" will not start until the course of treatment is completed or when the patient learns of the diagnosis.

Additionally, medical Malpractice lawsuit in certain instances, such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have adopted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will review the timeline of your case with care to avoid mistakes in the administration that can derail your claims.