10 Misconceptions Your Boss Has 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 lawsuits.

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to the accepted medical norms and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent in providing healthcare. If these standards aren't adhered to and the failure results in injuries or health issues patients may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the entity or person was bound to act with reasonable care. The next step is to prove that the breach of this obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.

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

You must also be able to establish that the breach of duty directly caused the injury. This is known as causation, and it is the third element in a negligence claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being prescribed and can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all individuals, have a legal obligation to conduct themselves with reasonable care and with caution. However, doctors are held to an even higher standard due to the fact that they are medical experts who make life and death decisions. The obligation of care is found in the laws and standards that govern specific types of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example, would not run a traffic light.

In a case of malpractice experts may be needed to testify on the standard of care violated and the manner in which this standard was breached. They can also describe what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were away from work due to medical issues, and the fact that these days were a result of the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional and mental distress because of the negligence committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability to have an intimate, sexual relationship with your spouse or another significant person in the same way you used to. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed within the deadlines established by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission of an health professional resulted in injury or death. Like all laws, this law is not without exceptions. If, for example, the error of the health professional was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances patients may not discover the problem until a considerable time later for instance in the event that a foreign substance remains in the body following surgery or treatment. In order to address this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be familiar with the laws of your state and will go over the timeline of your case with care to avoid administrative errors that could cause delays to your claim.