Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.
In common law, doctors must adhere to the standard of care when treating their patients. If a physician does not follow the accepted medical practices and results in injury or death or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent when providing healthcare. If these standards aren’t adhered to and the failure results in injury or health complications the patient may be able to file a medical malpractice lawsuit.
The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act with reasonable care. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.
This expert witness will be able determine if the defendant’s actions fall below the standard of care that is accepted in your particular case. The expert will review your medical malpractice law firms (Lil.so) records, and then interview or testify against you in order to make this decision.
You must be able to demonstrate that the breach directly led to your injury. Causation is a third element in a malpractice lawsuit. In most instances, you’ll need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction like heart attacks.
Breach of Duty
Just like everyone else, doctors have a legal obligation to act with care and caution. Doctors are held to higher standards but because they are medical experts who make life-or-death decisions. The duty of care is set in the rules and regulations that govern specific types of treatments and procedures.
In a negligence case, it is essential to establish that the defendant had an obligation to take care of the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to perform to the required standard of care appropriate to the circumstances. The standard of care is typically defined by what an average person would do in the same situation. For example, a reasonable driver wouldn’t run the red light.
In a case of malpractice experts could be required to testify about the standard of care that was violated and how this standard was breached. They can also discuss how the injury occurred and what could have been done to avoid it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).
The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were away from work because of medical problems, and proving the reason for these absences were the result of the negligence of the defendant.
The non-economic loss can be more difficult to prove and could require the assistance of a professional who will be able to testify about your physical, emotional, and mental suffering because of the infractions committed by the defendant. Loss of consortium is a second type of non-economic injury. It is the inability to have an intimate relationship with your spouse or another significant individual as you used to. The lawyer representing the defendant may challenge your non-economic damages in the form of depositions and interrogatories along with requests for documents and sworn declarations.
Statute of limitations
In New York, as with every state, there are definite time frames – also known as statutes of limitations – within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed by the deadlines established by law.
In the majority of cases, medical malpractice law firms the victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission committed by the health professional resulted in injury or death. As with all laws, this rule is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30-month legally required “clock” will not begin until that course of treatment is completed or until the patient is informed of the diagnosis.
Additionally, in certain instances such as when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient’s to recognize that there was a problem until much later. To tackle this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be familiar with the laws of your state and will review the timeline of your case carefully to avoid administrative errors which could delay your claims.