7 Things About Medical Malpractice Law You'll Kick Yourself For Not Knowing

Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following the accepted medical practices and results in a death or injury, he may be liable 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 malpractice attorneys care. A patient could be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the breach causes injuries or health problems.

The first thing to do in a malpractice lawsuit is to prove 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 the breach of the duty occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular case. The expert will examine your medical records and interview or cross-check you in order to determine this.

You must also demonstrate that the breach directly led to your injury. Causation is the 3rd element in a malpractice claim. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being administered. This can cause a negative reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. However doctors are held to an even more stringent standard because they are considered experts in medicine and have to make life and death decisions. The obligation of care is outlined in laws and standards governing specific types of treatment and procedures.

One of the most important elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be proved that the defendant violated the duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The standard of care is typically determined by what an ordinary person would do under the same circumstances. For instance, a reasonable driver would not run a red light.

In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was violated and the manner in which this standard was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result from medical negligence. To bring an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were away from work because of medical conditions, and also that these days resulted from the defendant’s negligence.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional and mental pain due to the negligence committed by the defendant. Loss of consortium is a second type of non-economic harm. It is the inability of having an intimate relationship with your spouse or another significant person in the same way you used to. The defendant's attorney will challenge your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under 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 decide to dismiss the case. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission committed by the health professional caused the injury or death. As with all laws, this rule is not without exceptions. If, for instance, the error of the health care provider was a part of a continual course of treatment, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances patients may not be aware of the issue until quite a while later, for example when a foreign object remains within the body after surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will know the specific laws in your state, and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.