5 Killer Quora Answers To 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 governs medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor deviates from the accepted medical practices and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their treatment. If those standards are not followed and the result is injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity owed you a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

This expert witness can help determine whether the defendant's actions were not in line with the accepted standards in your specific case. The expert will need to review your medical records, and interview or cross-check you to make this determination.

You must also show that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you will require a direct cause & effect relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and be cautious. However, doctors are held to a higher standard since they are considered experts in medicine who make life and death decisions. The obligation of care is outlined in laws and standards governing specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant owed a duty to care for the plaintiff. Then, it must be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to perform to the required standard of care for the situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. For instance the reasonable driver would not run a red light.

In a malpractice case, experts are often required to testify on the standard of care and the way in which it was violated. They can also describe the cause of the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical malpractice attorneys negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyers malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work due to medical complications, and the reason for these absences were a result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can explain your physical, mental, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to have a loving, sexual relationship with your spouse or other significant person like you used to. The lawyer representing the defendant will challenge your non-economic damages in the form of interrogatories and depositions and requests for documents or sworn statements.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed before the deadlines established by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years from the date when the negligence or act of a medical professional caused the injury or death. As with all laws, this law is not without exceptions. If, for instance the error committed by the health care provider was a part of a continual course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances the patient may not realize the problem until a considerable time later, for example when a foreign object remains within the body after surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer will be familiar with the laws of your state and will review your case's timeline carefully to avoid administrative mistakes that could impede your claim.