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 based on common law.

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor is not following the accepted medical practices and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent when providing care. If the standards aren't adhered to and the failure results in injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your situation. The expert will look over your medical malpractice law firm records and then interview or testify against you to arrive at this conclusion.

You should also be able to prove that the breach of duty caused you to suffer injuries. This is known as causation and it is the third requirement of a malpractice claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and subsequent injury. A mistake in diagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being given. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a duty to act with reasonable care and with caution. However doctors are held to a higher standard since they are medical experts and are able to make life and death decisions. The duty of care is found in laws and standards for specific kinds of treatments and procedures.

One of the first things that must be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do in the same situation. For instance, a reasonable driver would not run the red light.

In a malpractice case experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also describe the cause of the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise due to medical negligence. To bring an action for damages the plaintiff must show 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 suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will establish the medically necessary expenses through a review your medical records, evidence from experts, and the use of economic experts. In order to establish your loss of earnings the medical malpractice lawyer should also prove the number of days you were away from work due to your medical complications and the fact that these missed work days were due to the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can detail your physical, mental and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic damage. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person as you once did. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date that the negligence or act of a doctor or other health professional caused the injury or death. However like with all laws, there are a few exceptions to this rule. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain instances like when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. This is why many states have enacted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will go over the timeline of your case with care to avoid any administrative errors that can derail your claims.