10 Undeniable Reasons People Hate Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The common law system governs medical malpractice lawsuit malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable when they provide treatment. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't being met and the failure causes injuries or health problems.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person had a legal obligation to act with reasonable care. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions are not in line with the accepted standards in your situation. To allow the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause & result relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered, which results in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with the utmost care and caution. Doctors are held to higher standards due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is found in laws and standards for specific types of treatment and procedures.

One of the primary elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is typically determined by what a normal person would do under similar circumstances. A reasonable driver, for example will not go through the traffic light.

In a case of negligence, experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also discuss how the injury was caused and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that may arise from medical negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will be able to determine your medically required expenses through a thorough review of your medical records, testimony from experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you have missed from work due to medical conditions, and also that these missed days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can detail your mental, physical, and emotional pain as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

Like 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 the case. A New York medical malpractice attorney who has experience will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission of a health care provider resulted in the injury or death. However as with all laws there are some exceptions to this rule. 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 complete or the patient becomes aware of the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. To solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the rules of your state and will examine your case timeline carefully to avoid any administrative errors that can derail your claims.