Why You Need a Medical Malpractice Lawyer

A medical malpractice law firm malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a doctor is not following accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent when providing care. Patients may be eligible to file a claim against a medical professional if those standards aren't met and the breach causes injuries or health complications.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act in a fair manner. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must also prove that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In most cases you will require a direct cause & effect connection between the breach of duties and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and that in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and prudence. However, doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The duty of care is found in laws and standards for specific kinds of treatments and procedures.

One of the most important elements to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for example would not operate a traffic light.

In a case of negligence, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also describe how the injury was caused and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any loss that may result from medical negligence. In order to file an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer [pop over to this web-site] defends your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent from work because of medical issues, and the reason for these absences resulted from the defendant’s negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who can give evidence about your physical, emotional and mental distress because of the negligence committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability to have an intimate relationship with your spouse, or any other significant person in the same way you used to. The lawyer for the defendant will attempt to challenge your non-economic damages by depositions, interrogatories, and requests for documents and statements under oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawsuits malpractice lawyer is familiar with these nuances and will make sure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission by an health professional resulted in death or injury. However, as with all laws there are some exceptions to this rule. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the treatment is complete or the patient becomes aware of the diagnosis.

In some instances, such as when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient to realize the issue until much later. This is why many states have adopted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware specific laws of your state and carefully go over the timeline of your case to avoid administrative errors that could delay your claim.