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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical practices and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as reasonable and prudent in providing medical treatment. A patient could be eligible to file a claim against a medical professional if those standards aren't adhered to and the result is injury or health complications.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity owed you a duty to act in a reasonable manner. The next step is to prove that a breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your particular case. To allow the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly led the injury. This is known as causation, and it is the third element in a malpractice claim. In most cases you will need a direct cause and result relationship between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and results in an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and caution. However doctors are held to a more stringent standard because they are considered experts in medicine who make life and death decisions. The duty of care is found in laws and standards for specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The standard of care is typically determined by what a typical person would do in similar circumstances. A reasonable driver, for example will not go through the traffic light.

In a malpractice case expert witnesses are typically required to testify regarding the standard of care and the way in which it was violated. They can also provide the reason for the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will be able to prove your medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent working due to medical problems, and proving that these days were the result of the negligence of the defendant.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can provide details of your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability to have a romantic, sexual connection with your spouse or another significant person like you used to. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed prior to the deadlines set by law.

In the majority of 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 made by a health care provider caused death or injury. As with all laws, this rule is not without exceptions. For instance, if the error committed by the health professional was part of a continuing course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. Because of this, many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your lawyer is familiar with the rules of your state and will go over your case's timeline carefully to avoid mistakes in the administration that could impede your claim.