20 Things You Must Be Educated About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A Medical malpractice Law firms malpractice lawyer can help victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as reasonable and prudent in providing medical treatment. If these standards aren't followed and if they cause harm or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was bound to act with reasonable care. Then, you have to prove that the breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were below the standard of care in your specific case. The expert will review your medical records, and then interview or testify against you to make this decision.

It is also necessary to establish that the breach of duty caused the injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and results in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard since they are medical experts and are able to make life and death decisions. The duty of care is set in the rules and regulations that govern specific types of treatments and procedures.

In a negligence case it is important to establish that the defendant was bound by a duty to care for the plaintiff. It must be proved 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 quality of care is usually determined by what a typical person would do in the same situation. For instance an honest driver would not run an intersection with a red light.

In a malpractice case, experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also provide a detailed explanation of how the injury was caused 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 themselves against any loss that may result from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical malpractice attorneys expenses and medical Malpractice law firms lost wages) in addition to non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you were absent from work because of medical complications, and that these days were a result of the defendant’s negligence.

Non-economic damages can be more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental suffering because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that 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 the death or injury. Like all laws, this law is not without exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. To tackle this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the rules of your state and will review your case timeline carefully to avoid administrative mistakes that could impede your claim.