Why You Need a Medical Malpractice Lawyer A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system regulates medical malpractice claims. In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor does not adhere to the accepted medical standard and causes an injury or death, he may be liable for negligence. Duty of Care Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent when providing medical care. A patient might be able to file a lawsuit against a medical professional if those standards aren't followed and the result is injury or health complications. The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you must show that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the case. This expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in the particular case. The expert will review your medical records, and interview or examine you to determine this. You must be able to demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element of a malpractice claim. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being given. This could cause a negative reaction such as heart attacks. Breach of Duty As with all other professionals, doctors have a legal obligation to act with care and caution. However, doctors are held to a higher standard because they are medical experts who make life and death decisions. The responsibility of medical care is described in the laws and standards that apply to certain types of treatments and procedures. In a case of negligence, it is vital to prove that the defendant was bound by a duty to care for the plaintiff. Then, it needs to be proved that the defendant violated the duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The quality of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for instance would not operate at a traffic light. In a lawsuit involving a malpractice, expert witnesses may be required to provide evidence on the standard of care that was not met and the manner in which this standard was violated. They can also discuss the cause of the injury and what could have been done to prevent it from occurring. Damages In the United States, physicians are required to have malpractice insurance to cover any losses that may arise due to medical negligence. To make an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain). The amount of compensation you receive from a successful malpractice suit is contingent on 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, evidence from experts and the use of economic experts. In order to prove your loss of earnings the medical malpractice lawyer should also show the number of times you were off work due to your medical condition and also the fact that these missed work days resulted from the negligence of the defendant. Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can give evidence about your physical, emotional and mental pain as a result of the negligence of the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to maintain a romantic, sexual connection with your spouse or other significant individual as you used to. The lawyer representing the defendant will contest your non-economic damages through depositions, interrogatories, and requests for statements and documents under oath. 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 could dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines and will ensure that your claim is submitted before the deadlines set by law. In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission of medical professionals caused the death or injury. However like with all laws there are some exceptions to this rule. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or the patient becomes aware of the diagnosis. In some instances, such as when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. This is why many states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your lawyer will be aware of the specific laws in your state, and will carefully look over your case's timeline in order to avoid administrative errors which could cause delays to your claim.