How To Save Money On Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

According to common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician does not follow the accepted medical norms and results in an injury or death the doctor could be held accountable for Medical Malpractice Lawyer negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing healthcare. If those standards are not adhered to and the failure results in harm or health issues the patient could be able to file a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was obligated to act reasonably. You must then prove the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. To allow the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty directly caused the injury. Causation is the third factor in a malpractice claim. In most cases you will require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medication or treatment being given. This in turn can 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 but because they are medical experts and can make life-or-death decisions. The duty of care is set in the law and standards that govern specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant owed an obligation to take care of the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care applicable to the situation. The quality of care is usually determined by what a reasonable individual would do in the situation. A reasonable driver, for instance will not go through a traffic light.

In a malpractice case, experts are often required to testify about the standards of care and how it was violated. They can also describe how the injury occurred and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To bring an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings your medical malpractice lawyer should also show the number of times you missed work due to your medical condition and also the fact that these days off work resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic damage. It is the inability of having an intimate relationship with your spouse or other significant person in the same way you once did. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories along with requests for documents or sworn statements.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In most 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 health care provider resulted in the death or injury. However like with all laws there are some exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until the treatment is complete or the patient learns of the diagnosis.

In certain instances patients may not discover the problem until a long time later for instance, if a foreign body is left in the body following surgery or treatment. In order to deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will know the specific laws in your state and carefully review your case timeline to avoid any administrative errors that could impede your claim.