10 Things Everybody Hates About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor does not adhere to the accepted medical standard and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing 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 claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act in a reasonable manner. Then, you must show the breach of the duty occurred. This is typically done an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in the particular case. The expert will need to look over your medical records and also interview or question you in order to arrive at this conclusion.

It is also necessary to prove that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to conduct themselves with reasonable 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 laws and standards which are applicable to specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for example will not go through at a traffic light.

In a malpractice lawsuit expert witnesses could be required to testify about the standard of care that was not met and how this standard was violated. They can also discuss the reason behind the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from 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 pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can determine your medically required expenses by examining your medical records, the testimony of experts and the use of economic experts. For your loss of earnings your medical malpractice lawyer should also prove the number of days you missed work due to medical malpractice law firms complications and the fact that these days off work resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice attorneys malpractice lawyer is aware of these specifics and will ensure that your case is filed before the deadlines established by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission committed by an health professional resulted in the death or injury. However like all laws there are some exceptions to this rule. For instance, if the error committed by the health professional was a part of a continual course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances, such as when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. To solve this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the rules of your state and will scrutinize the timeline of your case with care to avoid administrative errors which could delay your claims.