What Freud Can Teach Us About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must observe an ethical standard when treating their patients. If a doctor deviates from accepted medical practice and it results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical treatment. A patient may be eligible to file a claim for medical malpractice if these standards aren't followed and the breach causes injuries or health issues.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or entity owed you a duty to act in a reasonable way. The next step is to prove that the breach of that obligation occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular situation. The expert will need to review your medical records, and also interview or question you in order to determine this.

You also need to prove that the breach of duty directly caused you to experience injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you'll require a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and that can result in an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to an even higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the laws and standards that are situated for specific types of treatments and procedures.

In a case of negligence it is vital to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it needs to be proven that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for example would not use a traffic light.

In a case of negligence, experts are often required to testify about the standards of care and the manner in which it was breached. They can also describe the reason for the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that might arise due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation received from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were away from work due your medical complications, and Medical Malpractice that these days were due to the defendant’s negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional and mental suffering because of the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic losses through depositions, interrogatories, and requests for documents and statements under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed by the deadlines that are set by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission committed by the health professional caused death or injury. However as with all laws there are some exceptions to this rule. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the treatment is completed or the patient learns about the diagnosis.

In certain instances the patient may not discover the problem until a considerable time later, for example the case where a foreign body is left in the body following surgery or treatment. To deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific rules of your state and will carefully examine your case's timeline to avoid administrative errors that could impede your claim.