Five Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician does not follow the accepted medical norms and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide care. A patient may be able to file a lawsuit against a medical professional if those standards aren't adhered to and the result is injuries or health problems.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will look over your medical records and also interview or question you to determine this.

It is also necessary to establish that the breach of duty caused you to experience injury. Causation is the third factor in a malpractice claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example one, could result in prescribing the wrong medication or treatment being given. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with care and prudence. However doctors are held to a more stringent standard because they are considered medical experts who make life and death decisions. The obligation of care is found in the laws and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant had an obligation to take care of the plaintiff. Then, it needs to be proven that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically determined by what a reasonable person would do in the situation. For example the reasonable driver would not speed through a red light.

In a case of negligence, experts are often required to testify about the standard of care and the way in which it was violated. They can also explain how the injury occurred and what could have been done to prevent it from occurring.

Damages

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

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent working due to medical issues, and the reason for these absences were the result of the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional, and mental suffering because of the negligent actions of the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to maintain an intimate, sexual relationship with your spouse or other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories and requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

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

In some instances like when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. This is why many states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will be familiar with the rules of your state and will examine your case's timeline carefully to avoid administrative mistakes that could impede your claim.