15 Reasons Not To Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical practices and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in their medical care. If these standards aren't followed and if they cause injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was bound to act reasonably. Then, you have to prove that the breach of that duty occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell not in line with the accepted standards in your specific case. The expert will need to look over your medical records and then interview or testify against you to make this determination.

You also need to prove that the breach of duty directly led the injuries. This is known as causation, and it is the third element of a malpractice claim. In most cases you will require a direct cause & result relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction like heart attacks.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise the utmost care and caution. However doctors are held to a higher standard because they are medical experts and have to make life and death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific types of treatments and procedures.

One of the first things that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not live up to the standard of care applicable to the situation. The standard of care is typically determined by what a normal person would do under the same circumstances. A reasonable driver, for example would not use an intersection at a stoplight.

In a malpractice case experts are often required to testify about the standards of care and the way in which it was violated. They can also explain the cause of the injury and what could have been done to avoid 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 make a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish your medically necessary expenses through a review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work because of medical problems, and proving the fact that these days were a result of the defendant's negligence.

Non-economic losses are more difficult to prove and could require the help of a professional who can testify about your physical, emotional and mental distress as a result of negligent actions of the defendant. Loss in consortium is another type of non-economic damage. This is the inability to maintain a romantic, sexual connection with your spouse, or any other significant person in the same way you used to. The defendant's attorney will challenge your non-economic damages by interrogatories, depositions and requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines and ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date that the negligence or act of a health care provider resulted in the death or injury. As with all laws this rule has its exceptions. If, for instance the error committed by the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In certain instances the patient may not be aware of the issue until a long time later for instance when a foreign object remains in the body following surgery or treatment. Because of this, many states have enacted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain instances. Your attorney will know the specific laws of your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.