Five Killer Quora Answers To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor violates accepted medical practices and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical malpractice lawsuits industry as being reasonable and prudent in providing medical healthcare. If the standards aren't adhered to and the failure results in harm or health issues patients may be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim is to establish 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. You then need to prove that the breach occurred. This is usually done through 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 were less than the accepted standard in your situation. The expert will need to examine your medical records and interview or examine you to make this decision.

You must also be able to prove that the breach of duty directly led the injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause-and- effect connection between the breach of duties and the subsequent injury. A mistake in diagnosis, for instance can result in prescriptions for the wrong drug or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and caution. Doctors are held to an elevated standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the rules and regulations that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance, would not run the traffic light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care violated and how the standard was breached. They can also describe the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential damages that could result 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 money you will receive from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer defends your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony and consulting economic experts. For the loss of your earnings your medical malpractice lawyer should also prove the number of days you were off work due to your medical issues and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can provide details of your physical, mental and emotional suffering as a direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and 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 met before a medical malpractice case can be filed. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed by the deadlines established by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years of the date that the act or omission by an health professional resulted in injury or death. As with all laws, this law is not without exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in some cases such as when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be aware specific laws in your state and will look over your case's timeline in order to avoid administrative errors that could delay your claim.