A Step-By-Step Instruction For Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical practices and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when they provide care. If these standards aren't met and that failure causes injuries or health issues, a patient may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act reasonably. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions are below the standard of care in your specific case. In order for the expert to determine this, they will need to be able to examine your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly led to your injury. Causation is the 3rd element in a malpractice claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to higher standards but because they are medical experts and have the authority to make life-or-death decisions. The duty of care is found in the regulations and medical malpractice attorney laws for specific kinds of treatments and procedures.

In a case of negligence it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for instance will not go through at a traffic light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and how this standard was violated. They can also provide the reason for the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any damages that could result due to medical negligence. To make an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony, medical malpractice Attorney and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were away from work due your medical issues, and the fact that these days resulted from the defendant's negligence.

Non-economic losses 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 distress as a result of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant may challenge your noneconomic damages by way of interrogatories and depositions along with requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In most cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission of the health professional resulted in the injury or death. As with all laws, this law is not without exceptions. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the course of treatment is completed or when the patient learns of the diagnosis.

Additionally, in certain situations for instance, when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific laws of your state and carefully look over your case's timeline in order to avoid administrative errors that could delay your claim.