Is Technology Making Medical Malpractice Law Better Or Worse?

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 lawsuits.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and it results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. If those standards are not adhered to and the failure results in injuries or health problems the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person owed you a duty to act with reasonable care. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

This expert witness can help determine whether the defendant's actions are less than the accepted standard in your specific case. The expert will need to look over your medical records and then interview or testify against you to make this decision.

You must also be able 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 most cases you will require a direct cause & effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The duty of care can be found in laws and standards governing specific types of treatment and procedures.

In a case of negligence it is important to establish that the defendant had an obligation to take care of the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically defined by what an average person would do in similar situations. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care that was violated and how the standard was violated. They can also describe the reason for 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. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice law firm malpractice attorney fights for your losses. Your attorney can establish the medically necessary expenses through a review your medical records, evidence from experts, and the use of economic experts. For the loss of your earnings the medical malpractice lawyer must also show the number of times you were absent from work because of your medical issues and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, and mental suffering as a result of infractions committed by the defendant. Loss of consortium is a second type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or any other significant individual as you once did. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical Malpractice attorney (jejucordelia.com) who has experience will be aware of the nuances of these deadlines and will ensure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission of an health professional 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 part of a continuing course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not be aware of the issue until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be familiar with the rules of your state and will examine the timeline of your case with care to avoid any administrative errors which could delay your claims.