The Ultimate Guide To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor medical Malpractice attorney is found to be in violation of accepted medical practices and results in injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being reasonable and prudent when they provide treatment. If the standards aren’t followed and the result is injury or health complications patients may be able to sue for medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they had a duty to act reasonably. You then need to prove that the breach occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

The expert witness will determine if the defendant’s actions were below the accepted standard of care in your particular case. The expert will need to examine your medical records and interview or cross-check you to make this decision.

You must also be able to prove that the breach of duty caused the injuries. 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 effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise care and caution. However, doctors are held to a higher standard due to the fact that they are medical experts who make life and death decisions. The duty of care is found in laws and standards for specific kinds of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For example an honest driver would not stop at a red light.

In a lawsuit involving a malpractice, expert witnesses may be required to testify regarding the standard of care violated and the manner in which this standard was violated. They can also explain the cause of the injury and what could have been done to avoid it from occurring.

Damages

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

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you have missed working due to medical conditions, and also that these days were the result of the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can explain your physical, mental and emotional suffering as an direct result of defendant’s negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The defendant’s lawyer will challenge your non-economic damages in the form of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there’s a set of time limitations — referred to as statutes of limitations — within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, a victim of medical malpractice lawyers negligence must bring a suit within two and a half years from the date the act or omission of the health professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance when the health care provider’s error was part of a continuous course of treatment, the 30-month statutory «clock» will not start until the treatment is complete or the patient is informed of the diagnosis.

In some instances patients may not recognize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. In order to solve this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer will be familiar with the laws of your state and will review your case timeline carefully to avoid any administrative errors that could cause delays to your claim.