Five Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to the standard of care when treating their patients. If a physician does not follow the accepted medical standard and results in a death or injury it could be liable 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 their medical care. If the standards aren't adhered to and the failure results in injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular case. The expert will review your medical records, and then interview or testify against you to determine this.

You must also prove that the breach directly caused your injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to act with diligence and care. However doctors are held to an even higher standard since they are medical malpractice lawyers experts who make life and death decisions. The duty of care is found in the laws and standards that govern specific types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant had an obligation to take care of the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For instance an honest driver would not run an intersection with a red light.

In a malpractice case, experts are usually needed to testify on the standard of care and how it was violated. They can also discuss how the injury occurred and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For the loss of your earnings Your medical malpractice law firms malpractice lawyer must also show the number of times you were absent from work due to your medical issues and the fact that these absences resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental and emotional distress as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed by the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice must make a claim within two and a half years of the date on which the act or omission of a medical professional resulted in the death or injury. Like all laws, this law is not without exceptions. If, for instance, the error made by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances patients may not realize the problem until a long time later for instance when a foreign object remains in the body following surgery or treatment. This is why many states have enacted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will be aware specific laws of your state and will carefully go over the timeline of your case to avoid any administrative errors that could delay your claim.