5 Killer Quora Answers On 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 highest standards of care when treating their patients. If a doctor deviates from accepted medical practice and it results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

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

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act with reasonable care. The next step is to prove that a breach of that duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions fell not in line with the accepted standards in your specific case. The expert will need to review your medical records, and then interview or testify against you to make this decision.

You also need to prove that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third component of a malpractice claim. In most cases, you'll require a direct cause-and- result relationship between the breach of duty and the resulting injury. A misdiagnosis, for example can result in the wrong medication being prescribed or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. Doctors are held to higher standards due to the fact that they are medical experts who make life-or-death decisions. The duty of care is found in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case it is vital to prove that the defendant was bound by an obligation to take care of the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. For example, a prudent driver would not run when there is a red light.

In a malpractice case, experts are usually needed to testify on the standard of care and the way in which it was violated. They can also describe the cause of 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 their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. In order to prove your loss of earnings Your medical malpractice lawyer has to demonstrate the number of days you were away from work because of your medical conditions and the fact that these days off work were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the help of a professional who can testify about your physical, emotional and mental distress as a result of negligence of the defendant. Loss in consortium is another kind of non-economic loss. This is the inability of having a loving, sexual relationship with your spouse or another significant individual as you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories and depositions as well as requests for documents and sworn declarations.

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 negligence lawsuit must be filed otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed prior to the deadlines established by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission of the health professional resulted in the injury or death. As with all laws, this rule is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month mandatory "clock" will not begin until the treatment is completed or the patient becomes aware of the diagnosis.

In some instances patients may not realize the problem until a long time after, for example when a foreign object remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the rules of your state and will go over your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.