How To Save Money On 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.

In the common law, doctors must follow the highest standards of care when treating their 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 set of standards that are recognized by the medical profession as sensible and prudent in providing healthcare. If those standards are not met and that failure causes injuries or health problems, a patient may be able to file a medical malpractice lawsuits malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person owed you a duty to act reasonably. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether the defendant's actions were not in line with the accepted standards in your situation. The expert will need to look over your medical records and also interview or question you to arrive at this conclusion.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you'll need a direct cause and effect connection between the breach of duties and the resulting injury. A misdiagnosis for instance, could lead to prescriptions for the wrong drug or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

As with all people, have a legal obligation to behave with reasonable care and be cautious. However, doctors are held to a higher standard since they are considered experts in medicine and have to make life and death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

In a case of negligence, it is important to establish that the defendant owed the duty of care for the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is typically determined by what a reasonable individual would do in the same situation. A reasonable driver, for example would not operate a traffic light.

In a malpractice case, medical malpractice lawyer experts are often required to testify regarding the standard of care and the manner in which it was breached. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

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

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work due to medical conditions, and also that these days were a 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 as a result of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories along with requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed by the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence has to bring a suit within two and a half years from the time the act or omission by medical professionals resulted in the injury or death. As with all laws, this law is not without exceptions. 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 course of treatment is completed or when the patient is informed of the diagnosis.

In some cases, a patient may not discover the problem until a long time after for instance, if a foreign body is left in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain situations. Your lawyer will be aware of the specific laws in your state and will carefully examine your case's timeline to avoid any administrative errors that could impede your claim.