Five Tools Everybody Within The Medical Malpractice Law Industry Should Be Using

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the 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 injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent when providing healthcare. If those standards are not met and that failure causes injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person had a legal obligation to act reasonably. Then, you need to prove that the breach of this duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions are less than the accepted standard in your situation. The expert will need to review your medical records, and also interview or question you to make this determination.

You must also be able to prove that the breach of duty caused the injuries. Causation is the third element in a malpractice lawsuit. In most cases, you'll require a direct cause and result connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This could cause a negative reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered medical experts and are able to make life and death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific kinds of treatments and procedures.

One of the first elements that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what a reasonable person would do under the circumstances. For instance, a reasonable driver would not stop at a red light.

In a lawsuit involving a malpractice experts could be required to testify regarding the standard of care that was breached and how the standard was breached. They can also describe the reason for the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount you are awarded from a successful malpractice suit is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were away from work due your medical problems, and proving the reason for these absences were the result of the negligence of the defendant.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional and mental pain as a result of negligence of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn declarations.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed prior to the deadlines set by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the time the act or omission by a health care provider caused the injury or death. However, as with all laws there are some exceptions to this rule. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not begin until the course of treatment is complete or the patient is informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be well-versed in the laws of your state and will go over the timeline of your case carefully to avoid administrative mistakes that could cause delays to your claim.