Why You Need a Medical Malpractice Lawyer

A medical malpractice law firm malpractice attorney can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor Medical malpractice law Firm is found to be in violation of accepted medical practices and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being reasonable and prudent when providing healthcare. A patient could be eligible to file a claim against a medical professional if those standards aren't being met and the breach causes injury or health complications.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity owed you a duty to act with reasonable care. The next step is to prove that the breach of this obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions are below the accepted standard in your specific case. The expert will need to review your medical records, and also interview or question you to arrive at this conclusion.

It is also necessary to prove that the breach of duty directly led you to experience injuries. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance can result in prescribing the wrong medication or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Like all people, are legally bound by a obligation to behave with reasonable care and caution. However doctors are held to an even more stringent standard because they are considered experts in medicine and deal with life and death decisions. The responsibility of medical care is described in the laws and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant had the duty of care for the plaintiff. Then, it must be proved that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for instance will not go through a traffic light.

In a malpractice case experts could be required to testify about the standard of care violated and the way in which this standard was breached. They can also discuss the cause of the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that may arise from medical negligence. To submit a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you are awarded from a successful malpractice case is contingent on how your New York medical malpractice law firm malpractice lawyer presents the case for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were absent working due to medical conditions, and also that these days resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional suffering as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and medical malpractice law firm loving relationship as you did with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through 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 met before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed by the deadlines established by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the date the act or omission made by the health professional resulted in the injury or death. As with all laws this rule has its exceptions. For instance, if the error made by the health professional was part of a continuing course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In order to tackle this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific rules in your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.