Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In the 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 practices and results in injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to a established set of standards that are regarded by the medical malpractice lawyers profession as being reasonable and prudent in their healthcare. A patient may be eligible to file a claim for medical malpractice if these standards aren’t met and the breach causes injury or health complications.
The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was bound to act reasonably. Then, you need to prove that the breach of that duty occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.
The expert witness will be able to determine if the defendant’s actions fell below the standard of care that is accepted in your particular circumstance. The expert will review your medical records, and interview or examine you to make this determination.
You must also be able to prove that the breach of duty directly caused the injury. Causation is a third element in a claim for malpractice. In the majority of instances, you’ll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and can result in an adverse reaction, like a heart attack.
Breach of Duty
Doctors, just like other people, have a legal obligation to behave with reasonable care and with caution. However, doctors are held to a higher standard due to the fact that they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the rules and regulations that govern specific types of procedures and treatments.
One of the primary elements that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is typically determined by what an ordinary person would do under the same circumstances. For instance an honest driver would not speed through a red light.
In a case of negligence, experts are often required to testify regarding the standard of care and how it was violated. They can also explain how the injury occurred and what could be done to prevent it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance to protect against potential damages that could result due to medical negligence. In order to submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).
The amount you are awarded from a successful malpractice case is contingent on how your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must demonstrate the number of days you were off work due to medical issues and the fact that the absences were due to the negligence of the defendant.
Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can describe your mental, physical, and emotional pain that is an direct result of defendant’s negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions and requests for statements and documents under the oath.
Statute of limitations
Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court could dismiss the case. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed within the deadlines set by law.
In the majority of cases, a victim of medical Malpractice law firm negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission of medical professionals caused death or injury. As with all laws this law is not without exceptions. If, for instance, the error made by the health care provider was part of a ongoing treatment plan, then the “clock” of 30 months won’t start until the course of treatment is completed or the patient has been informed of the diagnosis.
Additionally, in certain situations such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient’s to recognize the issue until much later. To solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the specific laws of your state, and will carefully examine your case’s timeline to avoid administrative errors which could cause delays to your claim.