So You've Bought Medical Malpractice Law ... Now What?

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor violates accepted medical practices and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being sensible and prudent in providing healthcare. If these standards aren't followed and if they cause injuries or health issues the patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act in a reasonable manner. The next step is to prove that the breach of this duty occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the standard of care in your case. The expert will need to look over your medical records and interview or cross-check you in order to make this determination.

It is also necessary to establish that the breach of duty directly led the injury. Causation is the 3rd element in a malpractice lawsuit. In most cases you will require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to behave with reasonable care and be cautious. However doctors are held to a higher standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is outlined in laws and standards governing certain types of treatments and procedures.

One of the first things that needs to 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 breached this duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a typical person would do in similar situations. For example the reasonable driver wouldn't run the red light.

In a malpractice case, expert witnesses may be needed to testify on the standard of care that was violated and how the standard was breached. They can also explain the cause of the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential loss that may result from medical negligence. In order to file a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were absent from work due your medical complications, and the reason for these absences were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional, and medical malpractice lawsuit mental distress because of the infractions committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability to maintain a romantic, sexual connection with your spouse or other significant individual as you used to. The defendant's attorney will challenge your non-economic damages through a process of depositions, interrogatories, and demands for documents and declarations under oath.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit - http://okpos.iptime.org/tpay/bbs/board.php?bo_table=tpaytodo&wr_id=99021, can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is skilled will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years of the date that the act or omission of an health professional caused the injury or death. As with all laws this one is not without exceptions. For instance, if the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer will be well-versed in the laws of your state and will examine the timeline of your case carefully to avoid administrative errors which could delay your claims.