Is Technology Making Medical Malpractice Law Better Or Worse

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical malpractice lawsuit practices and results in injury or death then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when they provide treatment. If those standards are not met and that failure causes injuries or health problems the patient could be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act with reasonable care. Then, you have to prove that the breach of this duty occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were not in line with the accepted standards in your particular case. To allow the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly caused you to suffer injury. This is known as causation, Medical malpractice lawyer and it is the third requirement of a negligence claim. In the majority of cases, you will need a direct cause and effect relationship between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else 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 who make life-or-death decisions. The duty of care is outlined in the law and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case it is essential to establish that the defendant was bound by the duty of care for the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the specific situation. The quality of care is usually defined by what an average person would do under the same circumstances. For example an honest driver would not speed through an intersection with a red light.

In a malpractice lawsuit experts may be required to testify regarding the standard of care that was violated and the manner in which this standard was violated. They can also describe the reason for the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that may arise due to medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must prove the number of days you were absent from work due to medical issues and the fact that these missed work days resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will give evidence about your physical, emotional and mental distress as a result of negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through depositions, interrogatories, and requests for documents and evidence under swearing.

Statute of Limitations

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

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission by medical professionals resulted in death or injury. As with all laws this one is not without exceptions. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is completed or until the patient learns about the diagnosis.

In some instances the patient may not discover the problem until a long time later for instance, if a foreign body remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules of your state, and will carefully examine your case's timeline to avoid administrative errors that could delay your claim.