It's A Medical Malpractice Law Success Story You'll Never Be Able To

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors must follow the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and it causes an injury or death or even death, firm he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standard accepted by the medical industry as being prudent and reasonable in providing medical healthcare. Patients may be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the result is injuries or health problems.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act in a reasonable way. Then, you need to prove that a breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

This expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in the particular case. The expert will need to review your medical records, and interview or examine you to arrive at this conclusion.

You must be able to prove that the breach directly led to your injury. This is known as causation and it is the third element in a negligence claim. In the majority of cases, you will require a direct cause & effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example one, could result in prescribing the wrong medicine or treatment being given. This can cause an adverse reaction such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to behave with reasonable care and prudence. However, doctors are held to an even more stringent standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is outlined in the law and standards that govern specific kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant owed a duty to care for the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to perform to the required standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable person would do in the situation. A reasonable driver, for firm example will not go through the traffic light.

In a malpractice lawsuit, expert witnesses may be needed to testify on the standard of care that was violated and the manner in which this standard was violated. They can also provide what caused the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that may arise due to medical negligence. In order to bring a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you have missed from work due your medical issues, and the reason for these absences were the result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can explain your physical, mental, and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages through interrogatories, depositions, and demands for documents and declarations under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines and ensure that your claim is filed prior to the deadlines specified by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission of an health professional resulted in injury or death. However like with all laws there are some exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the treatment is completed or until the patient learns of the diagnosis.

Additionally, in certain instances such as when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. This is why many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of specific rules in your state and carefully examine your case's timeline to avoid administrative errors that could impede your claim.