Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
In common law, doctors are required to adhere to a standard of care in treating their patients. If a physician violates accepted medical practice and causes injury or death, then he could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to established set of standards that are regarded by the medical profession as sensible and prudent in providing healthcare. If the standards aren’t adhered to and the failure results in injuries or health issues patients may be able to bring a medical malpractice lawsuit.
The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, you need to prove the breach of the duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.
The expert witness can determine whether the defendant’s actions were not in line with the accepted standards in your specific case. The expert will examine your medical records and interview or examine you in order to arrive at this conclusion.
You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will require a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being given. This could result in an adverse reaction such as a heart attack.
Breach of Duty
Doctors, just like other people, are required by law to fulfill a obligation to conduct themselves with reasonable care and be cautious. Doctors are held to a higher standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in the laws and standards that govern certain types of treatments and procedures.
In a negligence case it is crucial to prove that the defendant had a duty to care for the plaintiff. Then, it needs to be proven that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For Medical malpractice Law firm instance, a reasonable driver would not run a red light.
In a malpractice case experts could be needed to testify on the standard of care that was breached and how the standard was violated. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from occurring.
Damages
Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using experts’ testimony, and consulting economic experts. In order to prove your loss of earnings Your medical malpractice lawyer must establish the number of days you were off work due to your medical malpractice law firm issues and the fact that these days off work were the result of the defendant’s negligence.
Non-economic damages can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional, and mental pain as a result of infractions committed by the defendant. Loss of consortium is a second kind of non-economic loss. This is the inability of having a romantic, sexual connection with your spouse or any other significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions and demands for documents and declarations under oath.
Statute of limitations
In New York, as with every state, there are specific time limitations – referred to as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.
In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date at which the act or omission of a medical professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for example, the error committed by the health professional was a part of a continual course of treatment, then the “clock” of 30 months will not start until the course of treatment has been 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 may not be possible for a patient to realize the issue until much later. In order to solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is aware of the rules of your state and will examine your case’s timeline carefully to avoid administrative mistakes that could impede your claim.