15 Reasons Not To Be Ignoring Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical norms and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standard that are accepted by the medical profession as reasonable and prudent when they provide treatment. When those standards are not followed and the result is harm or health issues, a patient may be able to sue for medical malpractice attorneys malpractice lawsuit.

The first thing to do in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions fell below the standard of care in your situation. The expert will need to review your medical records, and interview or cross-check you to determine this.

You must also show that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, are legally bound by a obligation to exercise reasonable care and be cautious. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the first elements that must be proven 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 violated the duty of care. This means that the doctor did not meet the standards of care in the particular circumstance. The quality of care is usually determined by what a typical person would do under the same circumstances. A reasonable driver, for instance would not use at a traffic light.

In a case of malpractice experts could be required to testify regarding the standard of care that was breached and the way in which this standard was breached. They can also provide a detailed explanation of the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any losses that may arise due to medical negligence. To bring an action 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 pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to determine your medically required expenses by examining your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you have missed from work due to medical conditions, and also the reason for these absences resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional, and mental pain as a result of the negligence 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 like you used to with your spouse or significant other. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn testimony.

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 dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines that are set by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission committed by medical professionals resulted in the injury or death. However as with all laws there are a few exceptions to this rule. If, for instance the error made by the health professional was a part of a continual treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. In this regard, a majority of states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be familiar with the laws of your state and will examine the timeline of your case with care to avoid administrative errors that could cause delays to your claim.