Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps injured patients get compensation for their losses. The common law system governs medical malpractice claims.
In common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical procedures and results in injury or death then he could be held liable for negligence.
Duty of Care
Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent when providing healthcare. If these standards aren’t followed and if they cause injuries or health problems the patient may be able to file a medical malpractice lawsuit.
The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. You must then prove the breach occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.
This expert witness will be able help determine whether or not the defendant’s actions fell below the accepted standard of care in the particular case. The expert will review your medical records, and interview or cross-check you to determine this.
You must also prove that the breach directly led to your injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you’ll require a direct cause-and- result relationship between the breach of duties and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being prescribed and results in an adverse reaction such as a heart attack.
Breach of Duty
Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and with caution. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The obligation of care can be found in the regulations and laws for certain types of treatments and procedures.
One of the most important elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is generally determined by what a reasonable person would do in similar circumstances. For example, a prudent driver wouldn’t run a red light.
In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care violated and the manner in which this standard was breached. They can also explain the reason for the injury and explain how they could have prevented it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance to cover any loss that may result due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).
The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can determine your medically required expenses by examining your medical malpractice attorneys records, evidence from experts, and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must show the number of times you were off work because of your medical condition and also the fact that these days off work were due to the negligence of the defendant.
Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can explain your physical, mental, and emotional pain that is an direct result of defendant’s negligence. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy an intimate relationship with your spouse or any other significant person like you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, as well as requests for documents and sworn declarations.
Statute of limitations
In New York, as with every state, there are definite deadlines – commonly referred to as statutes or limitations within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines and will ensure that your claim is filed within the deadlines specified by law.
In most cases, the victim of medical malpractice lawsuits negligence has to bring a suit within two and a half years from the time the act or omission made by an health professional resulted in injury or death. As with all laws this one is not without exceptions. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required “clock” will not start until the treatment is completed or until the patient is informed of the diagnosis.
Additionally, in some cases, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to solve 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 know the specific laws in your state and will look over your case’s timeline in order to avoid any administrative errors that can derail your claim.