The Most Significant Issue With Medical Malpractice Law, And How You Can Fix It

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow the standard of care when treating their patients. If a doctor is not following the accepted medical standard and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in providing care. A patient could be in a position to file a lawsuit against a medical professional if those standards aren't met and the failure causes injuries or health complications.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act reasonably. Then, you have to prove that a breach of that obligation occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. In order for the expert to make this decision they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly led to your injury. Causation is a third element in a malpractice claim. In most cases, you'll require a direct cause and result connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction like heart attacks.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to exercise reasonable care and caution. However doctors are held to a higher standard due to the fact that they are medical experts who make life and death decisions. The duty of care is set in the regulations and standards which are applicable to specific types of procedures and treatments.

One of the first things that must be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant did not fulfill that 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 defined by what an average person would do under the same circumstances. For instance an honest driver would not speed through a red light.

In a case of malpractice, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also describe the reason behind the accident and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. In order to prove your loss of earnings your medical malpractice lawyer must also demonstrate the number of days you missed work due to your Medical malpractice Law Firms conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses are more difficult to prove and could require the assistance of a professional who can be able to testify about your physical, emotional and mental suffering as a result of the infractions committed by the defendant. Loss of consortium is another kind of non-economic loss. It is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant person like you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions along with 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. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years of the date that the act or omission by medical malpractice lawsuits professionals caused the death or injury. As with all laws this law is not without exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain instances, such as when an object that is foreign remains in 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. This is why many states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the specific laws in your state and carefully examine your case's timeline to avoid any administrative errors that could delay your claim.