Why You Should Focus On Improving Medical Malpractice Law

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.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following the accepted medical practices and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If those standards are not adhered to and the failure results in harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person was obligated to act in a reasonable manner. You must then prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular case. To allow the expert to determine this they must be able review your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly led to your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with care and prudence. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that govern specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is usually defined by what an average person would do in the same situation. For instance, a prudent driver wouldn't run an intersection with a red light.

In a malpractice case expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also discuss the cause of the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney - Kizkiuz.com, fights for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer must also demonstrate the number of days you were off work because of your medical condition and also the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can detail your physical, mental and emotional pain as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic injury. This is the inability of having a romantic, sexual connection with your spouse or other significant person as you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical malpractice must make a claim within two and a half years of the date on which the act or omission of a doctor or other health professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for instance, the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In certain instances, a patient may not be aware of the issue until a considerable time later for instance the case where a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws in your state and will review your case timeline to ensure that there are no administrative mistakes which could cause delays to your claim.