Why You Need a Medical Malpractice Lawyer A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law. In common law, doctors must observe an ethical standard when treating their patients. If a physician violates accepted medical procedures and results in injury or death then he may be held responsible for negligence. Duty of Care Medical professionals are required to adhere to a set standard accepted by the medical industry as reasonable and prudent when they provide treatment. If the standards aren't adhered to and the failure results in harm or health issues the patient may have grounds to file a medical malpractice lawsuit. The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation. This expert witness will be able help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. In order for the expert to determine this, they will need to be able to examine your medical records and conduct an examination or interview of you. You must also demonstrate that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as heart attacks. Breach of Duty Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However doctors are held to a higher standard since they are considered medical experts and deal with life and death decisions. The obligation of care is found in the laws and standards that govern specific types of treatment and procedures. In a negligence case it is vital to prove that the defendant had the obligation of taking care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable person would do in the situation. A reasonable driver, for instance will not go through an intersection at a stoplight. In a case of malpractice, experts are usually needed to testify regarding the standard of care and how it was violated. They can also discuss the reason for the injury and what could have prevented it. Damages In the United States, physicians are required to carry malpractice insurance to protect against potential loss that may result due to medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain). The amount you are awarded from a successful malpractice lawsuit 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 required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work due your medical issues, and the reason for these absences were due to the negligence of the defendant. The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can detail your physical, mental, and emotional suffering as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories and depositions as well as demands for documents and declarations under swearing. Statute of limitations In New York, as with every state, there's a set of time limits - commonly known as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your claim is filed before the deadlines set by law. In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission made by the health professional caused the injury or death. As with all laws, this law is not without exceptions. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not start until the treatment is completed or the patient becomes aware of the diagnosis. In some instances like when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. To tackle this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer is aware of the rules of your state and will scrutinize your case's timeline carefully to avoid any administrative errors that could cause delays to your claim.