A Step-By-Step Instruction For Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical standard and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent in providing care. When those standards are not followed and the result is injuries or health issues the patient could be able to sue for medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that the breach of this duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

This expert witness can help determine if the defendant's actions were below the standard of care in your situation. The expert will examine your medical records and interview or Medical Malpractice Lawyer cross-check you in order to make this determination.

You must be able to show that the breach directly led to your injury. Causation is a third element in a malpractice lawsuit. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and that in turn causes an adverse reaction, like a heart attack.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to an even higher standard however, since they are medical experts and make life-or-death decisions. The duty of care is found in laws and standards for certain types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant had an obligation to take care of the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not use the traffic light.

In a case of negligence, experts are often required to testify about the standards of care and how it was violated. They can also provide a detailed explanation of how the injury occurred and what could be done to stop it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish your medically necessary expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer has to establish the number of days you were away from work due to your medical issues and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can explain your mental, physical, and emotional pain as a direct result of the defendant's negligence. Loss in consortium is another type of non-economic damage. It is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The lawyer representing the defendant may challenge your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn declarations.

Statute of Limitations

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

In the majority of cases, a victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by an health professional caused death or injury. However like all laws there are a few exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not start until that course of treatment is completed or until the patient is informed of the diagnosis.

In some instances the patient may not realize the problem until quite a while later, for example, if a foreign body is left in the body following surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the rules of your state and medical malpractice lawyer will examine the timeline of your case with care to avoid administrative errors that could cause delays to your claim.