Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practice and it results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. If these standards aren't met and that failure causes harm or health issues patients may be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular situation. The expert will need to review your medical records, and interview or cross-check you in order to arrive at this conclusion.

You must also establish that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction like a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with diligence and care. Doctors are held to an elevated standard but because they are medical experts and can make life-or-death decisions. The obligation of care is defined in the law and standards that are situated for specific types of procedures and treatments.

One of the primary elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in the specific situation. The quality of care is usually determined by what a normal person would do in the same circumstances. For example, a prudent driver would not run the red light.

In a malpractice case expert witnesses could be required to testify regarding the standard of care violated and how the standard was breached. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result due to medical negligence. To file a claim for damages the plaintiff must prove both actual financial losses (such as edenton medical malpractice lawsuit expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. In order to prove your loss of earnings, your medical malpractice lawyer has to establish the number of days you missed work because of your medical issues and the fact that these missed work days were due to the negligence of the defendant.

Non-economic damages can be more difficult to prove and may require the help of a professional who will be able to testify about your physical, emotional and mental distress due to the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed within the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission by hempstead medical malpractice lawyer professionals caused injury or death. As with all laws, this rule has its exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month statutory "clock" will not begin until that course of treatment is complete or the patient becomes aware of the diagnosis.

In some cases it is possible that a patient will not be aware of the issue until a considerable time later, for example in the event that a foreign substance is left within the body after surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the rules of your state and will review your case timeline carefully to avoid administrative errors that could cause delays to your claim.