20 Tools That Will Make You Better At Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide care. If those standards are not followed and if they cause injuries or health problems the patient may be able to file a medical malpractice lawsuit.

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

The expert witness will be able help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular circumstance. The expert will need to review your medical records, and interview or cross-check you to make this determination.

You also need to establish that the breach of duty directly led the injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you'll require a direct cause and effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered, which could result in an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with care and prudence. Doctors are held to an elevated standard, however, because they are medical experts who make life-or-death decisions. The obligation of care can be found in laws and standards governing specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for example will not go through a traffic light.

In a malpractice lawsuit expert witnesses could be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also explain what caused the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic 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 defends your losses. Your attorney can determine your medically required expenses through a review of your medical records, the testimony of experts and the use of economic experts. For the loss of your earnings the medical malpractice lawyer must prove the number of days you were away from work due to your medical conditions and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional, and mental distress as a result of infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories along with requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the act or omission of a medical professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance, if the error committed by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances for instance, when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In this regard, a majority of states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules of your state and carefully review your case timeline to avoid any administrative errors that could delay your claim.