5 Killer Quora Answers To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor violates accepted medical practices and results in injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as reasonable and prudent when providing care. Patients may be legally able to bring a lawsuit for medical malpractice if those standards aren't met and the failure results in injuries or health issues.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person was bound to act with reasonable care. Then, you must show that the breach of that duty occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine whether the defendant's actions are below the accepted standard in your specific case. The expert will need to review your medical records, and interview or cross-check you in order to arrive at this conclusion.

You should also be able to establish that the breach of duty directly caused you to experience injuries. This is known as causation and it is the third component of a malpractice claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered, which can result in an adverse reaction, such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and prudence. However, doctors are held to a higher standard since they are considered medical experts who make life and death decisions. The duty of care is outlined in the regulations and laws for specific types of treatments and procedures.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is usually determined by what an ordinary person would do in similar situations. A reasonable driver, for instance would not operate the traffic light.

In a case of malpractice, experts are often required to testify about the standards of care and the manner in which it was breached. They can also provide the cause of the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any losses that may arise from medical negligence. In order to submit a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and Medical Malpractice pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you have missed working due to medical issues, and the reason for these absences resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will provide evidence of your physical, emotional and mental suffering because of the infractions committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed within the deadlines set by law.

In most cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years of the date that the act or omission by the health professional caused the death or injury. However like with all laws, there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances it is possible that a patient will not discover the problem until a long time later, for example, if a foreign body is left in the body following surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain instances. Your attorney will know the specific rules in your state and will look over your case's timeline in order to avoid administrative errors that could impede your claim.