Five Killer Quora Answers To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical procedures and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being reasonable and medical prudent in providing medical healthcare. If these standards aren't adhered to and the failure results in injuries or health problems the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person had a legal obligation to act in a reasonable way. Then, you have to prove that the breach of that obligation occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. The expert will review your medical records, and also interview or question you in order to make this determination.

You should also be able to establish that the breach of duty caused the injury. Causation is the 3rd element in a malpractice claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duties and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which could result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with care and caution. However, doctors are held to a higher standard due to the fact that they are considered medical experts and have to make life and death decisions. The obligation of care is defined in the regulations and standards that govern specific kinds of treatments and procedures.

One of the first things that must be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it must be proven that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what an ordinary person would do under the same situation. For example, a prudent driver would not stop at an intersection with a red light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care violated and how this standard was violated. They can also explain the reason for the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that might arise due to medical negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends 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 attorney must prove the loss of earnings by proving the amount of days you were away working due to medical problems, and proving the fact that these days were a result of the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional, and mental pain because of the infractions committed by the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person in the same way you once did. The lawyer representing the defendant will contest your non-economic damages through interrogatories, depositions, and demands for documents and declarations under the oath.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines that are set by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the negligence or act of a medical professional 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 error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until the course of treatment is complete or the patient learns of the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body following surgery or treatment, medical it may not be possible for a patient to realize the issue until much later. To deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the rules of your state and will examine the timeline of your case carefully to avoid mistakes in the administration that can derail your claims.