Five Killer Quora Answers On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical practices and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent in their healthcare. A patient may be able to file a lawsuit for medical malpractice if these standards aren't being met and the failure causes injuries or health problems.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. Then, you have to prove that the breach of this duty occurred. This is usually done through 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 below the standard of care in your particular case. To enable the expert to make this determination, they will need to be able to review your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly caused you to suffer injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and that could result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to behave with reasonable care and caution. However, doctors are held to an even higher standard because they are medical experts who make life and death decisions. The duty of care is outlined in the law and standards that are situated for specific types of procedures and medical malpractice treatments.

In a negligence case, it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do in the situation. A reasonable driver, for instance would not use the traffic light.

In a malpractice case experts are usually needed to testify regarding the standard of care and how it was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any losses that may arise from medical negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice law firm malpractice attorney argues for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. For your loss of earnings the medical malpractice lawyer must demonstrate the number of days you were absent from work due to your medical conditions and the fact that these absences were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional and mental pain due to the infractions committed by the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to maintain a romantic, sexual connection with your spouse or other significant person in the same way you once did. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories, depositions, and requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed before the deadlines established by law.

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission committed by a health care provider caused injury or death. As with all laws, this law is not without exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

In certain instances patients may not recognize the problem until quite a while later, for example the case where a foreign body remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer is aware of the rules of your state and will examine the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.