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 legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical procedures and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical malpractice attorneys profession as being sensible and prudent in providing treatment. Patients may be in a position to file a lawsuit for medical malpractice if those standards aren't met and the result is injury or health complications.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity was bound to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your case. The expert will review your medical records, and then interview or testify against you to make this decision.

You must also show that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause & result connection between the breach of duties and the subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and that can result in an adverse reaction like a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. However doctors are held to an even higher standard since they are medical experts and are able to make life and death decisions. The duty of care is found in the regulations and laws for specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The quality of care is usually determined by what a normal person would do in the same situation. A reasonable driver, for instance will not go through the traffic light.

In a malpractice lawsuit experts may be required to provide evidence on the standard of care that was not met and the manner in which this standard was violated. They can also describe the cause of the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to demonstrate 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 upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were absent working due to medical conditions, and also that these days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental suffering as a result of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, and requests for documents or sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical malpractice lawyers negligence case can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years from the time the act or omission by medical professionals resulted in the injury or death. However, as with all laws there are some exceptions to this rule. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

Additionally, in certain instances such as when a foreign object is found inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. 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 can derail your claim.