A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.
Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical malpractice attorneys practice and results in injury or death the doctor may be held responsible for negligence.
Duty of Care
medical malpractice litigation professionals must adhere to established set of standards that are regarded by the medical profession as sensible and prudent in providing care. When those standards are not met and that failure causes injuries or health issues patients may have grounds to file a medical malpractice lawsuit.
The first step in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. You must then prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.
The expert witness will be able help determine whether or not 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 interview or examine you in order to make this decision.
You must be able to prove that the breach directly led to your injury. Causation is the 3rd element in a malpractice claim. In most cases, you'll require a direct cause-and- effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and can result in an adverse reaction, medical malpractice attorney like a heart attack.
Breach of Duty
As with all other professionals, doctors have a legal obligation to exercise the utmost care and caution. However, doctors are held to a more stringent standard because they are considered medical experts and have to make life and death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.
One of the first elements to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is usually defined by what an average person would do in similar circumstances. A reasonable driver, for instance would not operate a traffic light.
In a case of negligence, experts are often required to testify about the standard of care and the manner in which it was breached. They can also describe the cause of the accident and what could have prevented it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance in order to cover any damages that could result from medical negligence. In order to bring an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).
The amount you are awarded from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary expenses through a thorough review of your medical malpractice law records, evidence from experts, and the use of economic experts. For the loss of your earnings Your medical malpractice lawyer must show the number of times you missed work because of your medical malpractice law conditions and the fact that these absences were the result of the negligence of the defendant.
Non-economic losses are more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional and mental distress as a result of infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories and depositions as well as requests for statements and documents under swearing.
Statute of Limitations
Like all states, New York has a statute of limitations that must be met prior medical malpractice attorney to a medical negligence case can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.
In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission of medical professionals caused injury or death. As with all laws, this one is not without exceptions. If, for instance the error committed by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.
In some instances, a patient may not discover the problem until a considerable time later for instance when a foreign object remains within the body after surgery or treatment. In order to solve this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be well-versed in the laws of your state and will scrutinize the timeline of your case with care to avoid any administrative errors that could impede your claim.
