The Biggest Issue With Medical Malpractice Law, And How You Can Solve It

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors must adhere to a standard of care in treating their patients. If a physician violates accepted medical procedures and medical malpractice lawsuit causes injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing care. If those standards are not followed and if they cause harm or health issues, a patient may be able to file a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that the breach of this duty occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions are less than the accepted standard in your specific case. To allow the expert to determine this they must be able to examine your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly caused the injuries. This is known as causation, and it is the third element in a malpractice claim. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis for instance, could lead to prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

As with all people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to an even higher standard but because they are medical experts and make life-or-death decisions. The duty of care is found in laws and standards for specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care for the 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 run when there is a red light.

In a case of negligence, experts are often required to testify about the standards of care and the manner in which it was breached. They can also describe how the injury was caused and what could be done to stop it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days that you missed from work because of medical issues, and that these missed days were the result of the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional, and mental pain due to the negligent actions of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest your non-economic losses through a process of depositions, interrogatories, and medical Malpractice lawsuit demands for documents and declarations under the oath.

Statute of limitations

As in 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 dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed before the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date when the act or omission of a healthcare professional caused the injury or death. However like all laws there are some exceptions to this rule. For instance, if the error of the health professional was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not discover the problem until a considerable time later, for example in the event that a foreign substance remains in the body following surgery or treatment. For this reason, most states have adopted the legal concept of discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid administrative mistakes that can derail your claims.