Are You Making The Most From Your Medical Malpractice Law?

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 founded on common law.

In common law, doctors must observe the highest standards of care when treating their patients. If a doctor is not following accepted medical practice and it results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent in providing care. If the standards aren't adhered to and the failure results in injuries or health issues, a patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your situation. The expert will review your medical records, and also interview or question you in order to make this determination.

You must also show that the breach directly led to your injury. Causation is a third element in a malpractice claim. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and that can result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise care and prudence. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care is outlined in laws and standards for specific types of treatments and procedures.

One of the first elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is typically determined by what an ordinary person would do under similar situations. A reasonable driver, for example would not use the traffic light.

In a malpractice case experts could be required to testify regarding the standard of care that was violated and the manner in which this standard was violated. They can also provide what caused the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical malpractice attorneys expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. In order to prove your loss of earnings Your medical malpractice lawyer must also show the number of times you were off work because of your medical complications and the fact that these absences resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can explain your mental, physical, and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages with the help of depositions and interrogatories and requests for documents and sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines established by law.

In the majority of instances, the victim of medical malpractice lawyers malpractice must file his or her lawsuit within two and a half years of the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. Like all laws, this law 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 that course of treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in some cases like when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware of specific laws of your state, and will carefully go over the timeline of your case to avoid administrative errors that could impede your claim.