10 Beautiful Graphics About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical procedures and results in injury or death then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide treatment. If the standards aren't followed and the result is injuries or health problems patients may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. You must then prove that the breach occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will need to review your medical records, and also interview or question you in order to make this decision.

You must also establish that the breach directly caused your injury. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you will need a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being prescribed and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal duty to act with reasonable care and with caution. However doctors are held to an even higher standard because they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the regulations and standards that govern specific types of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is usually determined by what a normal person would do in the same situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care that was violated and the manner in which this standard was violated. They can also explain how the injury occurred and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that may arise from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer should also demonstrate the number of days you were absent from work due to medical issues and the fact that these absences resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can detail your physical, mental, and emotional pain that is an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by interrogatories, depositions, and requests for documents and evidence under oath.

Statute of limitations

Like all states, 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 New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the negligence or act of a doctor or other health professional caused the injury or death. Like 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 legal "clock" will not start until the treatment is complete or the patient is informed of the diagnosis.

In some cases patients may not discover the problem until a long time later, for example, if a foreign body is left within the body after surgery or treatment. To solve this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules in your state, and will carefully review your case timeline to avoid any administrative errors that can derail your claim.