15 Reasons Not To Overlook Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in 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 sensible and prudent in providing medical care. If these standards aren't followed and the result is injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. The next step is to prove that the breach occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in the particular case. To enable the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty caused you to experience injuries. This is known as causation and it is the third element in a negligence claim. In most cases, you'll require a direct cause-and- result connection between the breach of duties and the resulting injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that can result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to an even higher standard but because they are medical experts and have the authority to make life-or-death decisions. The duty of care is found in the regulations and laws for certain types of treatments and procedures.

One of the primary elements to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The quality of care is usually determined by what an ordinary person would do under similar situations. For instance the reasonable driver would not stop at when there is a red light.

In a malpractice lawsuit experts could be needed to testify on the standard of care that was violated and the manner in which this standard was breached. They can also explain the reason for the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential damages that could result due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and medical malpractice case suffering).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. For your loss of earnings Your medical malpractice lawyer has to prove the number of days you were away from work due to medical malpractice legal condition and also the fact that these missed work days resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the help of a professional who can be able to testify about your physical, emotional and mental suffering because of the negligence committed by the defendant. Loss of consortium is another type of non-economic injury. This is the inability of having a romantic, sexual connection with your spouse or another significant person like you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission made by medical professionals caused the death or Medical malpractice Case injury. However as with all laws there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to tackle this issue, the majority of states have adopted 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 any administrative errors that can derail your claims.