5 Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical malpractice law firms procedures and results in death or Medical Malpractice injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in providing medical care. If these standards aren't met and that failure causes harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

The expert witness will determine if the defendant's actions fell below the accepted standard of care in the particular case. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You must also establish that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In most cases you will require a direct cause & result relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise care and caution. Doctors are held to a higher standard, however, because they are medical experts and can make life-or-death decisions. The duty of care is set in the law and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable person would do under the circumstances. For example an honest driver would not stop at when there is a red light.

In a case of malpractice expert witnesses could be required to testify about the standard of care that was not met and how this standard was breached. They can also explain how the injury was caused and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can 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 lawyer must prove that you lost your earnings by proving the number of days that you missed working due to medical conditions, and also that these missed days were the result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who can be able to testify about your physical, emotional and mental pain as a result of negligent actions of the defendant. 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 your significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, as well as requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines and will ensure that your claim is filed before the deadlines set by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date at which the act or omission of a health care provider resulted in the death or injury. As with all laws this rule has its exceptions. If, for instance, the error made by the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time after, for example when a foreign object remains in the body following surgery or treatment. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific rules in your state and will review your case timeline to ensure that there are no administrative mistakes that could delay your claim.