15 Reasons Why You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor deviates from the accepted medical practices and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being reasonable and prudent in providing Medical Malpractice Law Firm care. If the standards aren't adhered to and the failure results in harm or health issues the patient may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act in a reasonable manner. The next step is to prove that the breach of this obligation occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

This 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 look over your medical records and interview or examine you in order to make this determination.

You must also be able to establish that the breach of duty directly led the injuries. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you'll require a direct cause & effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered, which in turn causes an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the laws and standards that govern specific types of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a typical person would do in similar situations. A reasonable driver, for example would not use an intersection at a stoplight.

In a lawsuit involving a malpractice expert witnesses could be required to testify regarding the standard of care violated and the manner in which this standard was breached. They can also provide a detailed explanation of how the injury occurred and what could have been done to avoid 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. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your lawyer will determine your medically required expenses through a review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were absent from work due your medical complications, and Medical Malpractice Law Firm the fact that these days were the result of the negligence of the defendant.

Non-economic damages 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 pain because of the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines and ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission made by medical professionals caused the injury or death. Like all laws, this law is not without exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the treatment is completed or when the patient learns about the diagnosis.

In some cases it is possible that a patient will not be aware of the issue until a long time later for instance in the event that a foreign substance is left within the body after surgery or treatment. To solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the laws of your state and will go over your case timeline carefully to avoid mistakes in the administration that could cause delays to your claim.