Now That You've Purchased Medical Malpractice Law ... Now What?

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent when providing treatment. If the standards aren't followed and if they cause injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. Then, you have to prove that a breach of that duty occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. The expert will need to review your medical records, and also interview or question you in order to arrive at this conclusion.

You also need to prove that the breach of duty directly caused the injury. This is known as causation and it is the third component of a negligence claim. In most instances, you'll require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example one, could result in the wrong medication being prescribed or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However doctors are held to a higher standard due to the fact that they are medical experts and are able to make life and death decisions. The obligation of care is found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant breached that duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what an ordinary person would do in similar situations. For example, a prudent driver would not speed through the red light.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care that was violated and how this standard was breached. They can also describe how the injury occurred and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential damages that could result due to medical negligence. To submit an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to establish your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you have missed from work because of medical problems, and proving the reason for these absences were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can explain your physical, mental, and emotional distress as a direct result of the defendant's negligence. Loss of consortium is another kind of non-economic loss. This is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant individual as you once did. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission by medical professionals resulted in the injury or death. However like with all laws, there are a few exceptions to this rule. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month legal "clock" will not start until the treatment is complete or the patient learns about the diagnosis.

In certain instances the patient may not realize the problem until a considerable time later, for example the case where a foreign body is left within the body after surgery or treatment. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is familiar with the laws of your state and will review your case timeline carefully to avoid administrative mistakes that can derail your claims.