Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor does not adhere to the accepted medical norms and results in injury or death it could be liable for negligence.
Duty of Care
Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent when providing medical care. A patient may be in a position to file a lawsuit for medical malpractice if those standards aren’t being met and the failure causes injuries or health problems.
The initial step 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 in a reasonable way. You then need to prove that the breach occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.
This expert witness can help determine if the defendant’s actions were below the accepted standard in your situation. In order for the expert to make this decision they must be able to examine your medical records and conduct an examination or interview with you.
You also need to prove that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third element of a malpractice claim. In the majority of cases, you will require a direct cause & effect connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and that can result in an adverse reaction such as heart attacks.
Breach of Duty
Physicians, like all other people, have a legal duty to act with reasonable care and caution. However, doctors are held to a higher standard since they are medical experts who make life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatment and procedures.
One of the primary elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The standard of care is typically defined by what an average person would do in the same situation. A reasonable driver, for instance would not use at a traffic light.
In a malpractice case experts could be required to testify about the standard of care that was not met and the way in which this standard was breached. They can also explain the reason behind the injury and what could have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you were absent from work due to medical condition and also the fact that the absences were due to the defendant’s negligence.
Non-economic damages can be harder to prove. You may require assistance from an expert witness who can explain your physical, mental and emotional pain as direct result of the defendant’s negligence. Loss of consortium is a second type of non-economic harm. This is the inability to have an intimate, sexual relationship with your spouse, or any other significant individual as you once did. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories and requests for documents or sworn statements.
Statute of Limitations
Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A New York medical Malpractice law Firms malpractice attorney who has experience will be aware of the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.
In the majority of cases, victims of medical malpractice must present a lawsuit within two and a half years from the date at which the negligence or act of a healthcare professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the error committed by the health professional was part of a ongoing course of treatment, then the “clock” of 30 months won’t start until the treatment has been completed or the patient has been informed of the diagnosis.
Additionally, in some cases like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient’s to recognize that there was a problem until much later. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of the rules of your state and will examine the timeline of your case carefully to avoid administrative errors that could impede your claim.
