Why You Need a
Medical Malpractice LawyerA medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from accepted medical practice and it causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals must adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing treatment. A patient might be able to file a lawsuit for medical malpractice if these standards aren't being met and the failure results in injuries or health problems.
The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act in a reasonable manner. You must then prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.
The expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. To allow the expert to make this determination they must be able review your medical records and conduct an examination or interview of you.
You must also be able to establish that the breach of duty caused you to suffer injuries. Causation is the third element in a claim for malpractice. In most cases you will require a direct cause and effect connection between the breach of duties and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This can result in an adverse reaction such as a heart attack.
Breach of Duty
Just like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However, doctors are held to a higher standard because they are considered experts in medicine and have to make life and death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain kinds of treatments and procedures.
One of the primary elements that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what a typical person would do in similar circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.
In a case of malpractice experts may be required to testify regarding the standard of care that was violated and how this standard was violated. They can also discuss the reason for the injury and what could be done to prevent it from occurring.
Damages
In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that may arise from medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).
The amount of compensation received from a successful malpractice case depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were away from work due your medical issues, and that these days resulted from the defendant's negligence.
Non-economic damages can be harder to prove. You may need assistance from a professional witness who can detail your physical, mental, and emotional suffering as an direct result of defendant's negligence. Loss of consortium is another kind of non-economic loss. This is the inability to enjoy an intimate, sexual relationship with your spouse or other significant person as you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions, and requests for
medical malpractice documents and statements under swearing.
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. Otherwise the court will not dismiss the case. A New York
medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines and ensure that your claim is filed within the deadlines stipulated by law.
In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission of medical professionals resulted in injury or death. However like all laws, there are a few exceptions to this rule. For instance, if the error made by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months will not start until the course of treatment has been completed or
Medical Malpractice the patient has been informed of the diagnosis.
Additionally, in some cases, such as when an object that is foreign remains inside the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. To address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is well-versed in the laws of your state and will examine your case's timeline carefully to avoid any administrative errors which could delay your claims.