15 Shocking Facts About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practice and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in providing medical care. If these standards aren't followed and the result is injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was bound to act in a reasonable way. Then, you have to prove that the breach of that duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in the particular case. In order for the expert to make this determination, they will need to be able review your medical malpractice law firms records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third component of a negligence claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered, which can result in an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to an elevated standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards that are situated for specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what a typical person would do under similar situations. For instance an honest driver would not run when there is a red light.

In a malpractice case experts could be required to provide evidence on the standard of care violated and the way in which this standard was breached. They can also discuss the reason behind the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result from medical negligence. To file a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses through a thorough review of your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were away from work due to medical conditions, and also that these days were a result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can explain your physical, mental, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is another type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or other significant individual as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of depositions, interrogatories, and demands for documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set by law.

In most cases, the victim of medical negligence must make a claim within two-and-a-half years of the date that the act or omission committed by the health professional resulted in death or injury. As with all laws this rule is not without exceptions. For instance, if the error of the health professional was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment is completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not be aware of the issue until a long time after, for example the case where a foreign body is left in the body following surgery or treatment. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be well-versed in the laws of your state and will go over the timeline of your case carefully to avoid administrative mistakes that could cause delays to your claim.