10 Misconceptions Your Boss Holds Concerning Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system governs medical malpractice claims.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician violates accepted medical practice and causes injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical malpractice law firm profession as reasonable and prudent when providing care. When those standards are not met and that failure causes harm or medical Malpractice lawsuit health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. 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 determine if the defendant's actions were below the standard of care that is accepted in the particular case. The expert will need to look over your medical records and then interview or testify against you to determine this.

You also need to establish that the breach of duty caused you to experience injury. Causation is the third element in a claim for malpractice. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine and are able to make life and death decisions. The obligation of care is defined in the rules and regulations that govern specific kinds of treatments and procedures.

One of the first elements that must be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standard of care in the given circumstance. The standard of care is generally determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not use the traffic light.

In a case of malpractice, expert witnesses are often needed to testify about the standard of care and the way in which it was violated. They can also discuss what caused the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that may arise due to medical negligence. In order to file an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney argues for medical malpractice lawsuit your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you were away from work because of medical problems, and proving that these missed days were due to the defendant’s negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who will be able to testify about your physical, emotional, and mental distress because of the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through interrogatories and depositions as well as requests for statements and documents under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission committed by an health professional resulted in death or injury. However as with all laws, there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the treatment is complete or the patient is informed of the diagnosis.

In some instances, such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem 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 attorney will be aware of specific laws of your state and carefully examine your case's timeline to avoid administrative errors that could delay your claim.