A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that governs medical malpractice law malpractice cases is built on common law.
In the common law, doctors must adhere to a standard of care in treating their patients. If a physician does not follow the accepted medical standard and causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide care. When those standards are not followed and the result is injury or health complications, a patient may be able to sue for medical malpractice lawsuit.
The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act with reasonable care. You must then prove the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.
The expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.
You must also be able to prove that the breach of duty directly caused you to experience injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause & result connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being prescribed and could result in an adverse reaction like heart attacks.
Breach of Duty
Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and prudence. However, doctors are held to a higher standard due to the fact that they are considered medical malpractice settlement experts who make life and death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific types of procedures and treatments.
One of the first things that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for instance, would not run an intersection at a stoplight.
In a lawsuit involving a malpractice experts could be required to testify about the standard of care violated and how this standard was violated. They can also provide the reason for the injury and suggest ways to have prevented it.
Damages
In the United States, physicians are required to carry malpractice insurance to cover any losses that might arise from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your lawyer can establish your medically necessary expenses by examining your medical malpractice lawyer records, the testimony of experts and the assistance of economic experts. In order to establish your loss of earnings your medical malpractice lawyer should also demonstrate the number of days you were off work due to your medical complications and the fact that these absences were the result of the defendant's negligence.
Non-economic losses can be more difficult to prove and might require the assistance of a professional who can testify about your physical, emotional, and mental pain as a result of negligence committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability of having a romantic, sexual connection with your spouse or any other significant person as you once did. The lawyer representing the defendant will contest your non-economic damages by a process of depositions, interrogatories, and requests for documents and evidence under oath.
Statute of limitations
Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and ensure that your claim is filed prior to the deadlines specified by law.
In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission made by an health professional caused the death or injury. Like all laws, this rule has its exceptions. If, for example, the error committed by the health care provider was part of a continuing course of treatment, medical malpractice lawyer then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.
In some instances like when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. In order to address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and medical malpractice lawyer will examine the timeline of your case carefully to avoid administrative errors which could delay your claims.
