10 Top Mobile Apps For Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and it results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical healthcare. Patients may be legally able to bring a lawsuit for medical malpractice if those standards aren't followed and the failure results in injuries or health issues.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider and that the entity or person had a legal obligation to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. To enable the expert to make this determination 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 led you to suffer injuries. Causation is a third element in a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and results in an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, have a legal duty to act with reasonable care and caution. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards governing specific kinds of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The quality of care is usually defined by what an average person would do in similar situations. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case, experts are often required to testify about the standard of care and Medical Malpractice Lawyer how it was violated. They can also describe the reason for the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. In order to file an action 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 of compensation received from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically required costs by looking over your medical records, using expert testimony and consulting economic experts. For your loss of earnings the medical malpractice lawyer must also demonstrate the number of days you were off work because of your medical issues and the fact that these missed work days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who will be able to testify about your physical, emotional, and mental pain due to the negligent actions of the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to have a loving, sexual relationship with your spouse or another significant person like you once did. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date when the negligence or act of a healthcare professional caused the injury or death. As with all laws this law is not without exceptions. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until that course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. In this regard, a majority of states have adopted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain situations. Your attorney will be aware specific rules of your state and carefully go over the timeline of your case to avoid administrative errors which could cause delays to your claim.