Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice claims.
In common law, doctors must observe the highest standards of care when treating their patients. If a physician violates accepted medical practices and causes injury or death, the doctor may be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing healthcare. If those standards are not met and that failure causes injuries or health issues the patient may be able to sue for medical malpractice lawsuit.
The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the entity or person had a legal obligation to act in a reasonable manner. Then, you need to prove that the breach of that duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.
The expert witness will help determine whether the defendant’s actions are below the accepted standard in your specific case. To enable the expert to determine this, they will need to be able to review your medical records and conduct an examination or interview with you.
You must be able to establish that the breach directly caused your injury. Causation is the third element in a claim for malpractice. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example, could lead to the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction, such as a heart attack.
Breach of Duty
Like everyone else medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to higher standards however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in laws and standards for medical malpractice lawsuit certain types of treatments and procedures.
In a negligence case, it is crucial to prove that the defendant owed the duty of care for the plaintiff. Then, it needs to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use an intersection at a stoplight.
In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also provide a detailed explanation of the reason for the injury and what could be done to prevent 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 will need to demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).
The amount of money you will receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, testimony from experts, and the use of economic experts. For your loss of earnings Your medical malpractice lawyer must establish the number of days you missed work due to your medical complications and the fact that these days off work were the result of the defendant’s negligence.
The non-economic loss can be more difficult to prove and could require the assistance of a professional who will give evidence about your physical, emotional, and mental distress because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages through a process of depositions, interrogatories, and demands for documents and declarations under swearing.
Statute of Limitations
As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not, the court will dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed within the deadlines that are set by law.
In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. Like all laws, this rule is not without exceptions. If, for instance, the error made by the health care provider was part of a continuing course of treatment, the “clock” of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.
Additionally, in certain instances, such as when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. This is why many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will be familiar with the laws of your state and will go over the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.