What Does a Medical Malpractice Lawyer Do? A medical negligence case involves the injury of a patient resulting from a physician's negligence or lack of care. This could include misdiagnosis, incorrect treatment, or defective medical devices. Compensation can include reimbursement of actual expenses like medical bills and lost wages. It can also cover non-economic damages such a suffering and pain. Qualifications A medical malpractice lawyer should have a solid understanding of medical terms and procedures in order to protect their clients rights. They should possess excellent organization skills and be conversant with legal research. They should also possess an innate sense of compassion and confidence in the face of an adversary that may be well-funded informed, and experienced. In New York it is possible for you to file a medical malpractice lawsuit in the event that you can prove that the doctor did not follow the standard of care, causing injury or death. To prove medical malpractice, there are a few requirements. First, the doctor must have a direct relationship with the patient. The doctor must have treated or provided medical advice or treatment to the patient in person. It can't be based on listening to the advice of a doctor in a non-medical context such as an event or party that involves networking. The second requirement is that the doctor did not adhere to the accepted standard of care. To determine what is the acceptable standard expert testimony is required. If the case is one of delayed cancer diagnosis for instance, an expert medical witness is required to be interviewed. The expert must provide a detailed account of how the initial diagnosis was incorrect and how it resulted in injuries or health problems. Liability The role of a lawyer for medical malpractice is to establish that the doctor was negligent and caused injuries or even death. To do this, they need to be able to access medical records as well as eyewitness testimony. Experts in the medical field are also needed to help to create a convincing case for their clients. This could include nurses and doctors as well as diagnostic imaging technicians, radiographers, surgeons, hospital administrators, and drug manufacturers. When a person is injured due to medical malpractice the victim is entitled to compensation for their injuries. This includes compensation for future and past medical expenses, lost income due to missed employment, pain and discomfort, and many more. They may also be entitled to compensation for emotional distress caused by medical malpractice. It is essential for a victim to seek out a reputable lawyer as soon as possible after they suspect that they have been injured by negligence of a medical professional. This will enable them to make an action within the statute of limitations, which is two and half years in New York. The attorneys at Lipsig, Shapey, Manus & Moverman are extremely experienced in handling malpractice cases. They can speed up the time it takes to settle the claim and the amount you receive. Damages A medical malpractice lawyer can assist you to gather evidence and prove the doctor was negligent. They can also determine the type of damages you deserve to compensate for your losses. A successful lawsuit can pay for medical expenses, pay for lost wages, and also compensate you for pain and suffering. It can also help you and your family members cope with the loss of loved ones due to medical negligence. A claim for medical malpractice requires proving that the doctor breached their duty of care and that the breach directly caused your injury. The process is typically carried out with the assistance of experts. Both experts must be of the opinion that there was a breach in the duty of care and that it resulted directly in substantial damages. A number of states have laws that limit the amount the patient could be awarded in the event of medical negligence. These limitations usually apply to non-economic damages that are hard to quantify, like disfigurement, pain and suffering. New York is among the few states to not cap these kinds of damages. This means you can receive the full amount of compensation for your losses. A New York medical malpractice attorney can assist you with determining the amount of damages you are entitled to. They can also assist with filing a lawsuit, or negotiate with the medical provider in order to settle your claim. Time limit Every legal action has a predetermined period of time within which it must be filed within or else the case will be dismissed. These time limits are known as statutes of limitations, and they are rigorously enforced. Medical malpractice lawsuits are no exception. A medical malpractice lawsuit has to be filed in New York within two years after the negligent act or finding. This is the norm in many states, but there are some exceptions. For example, if you were injured by a doctor or surgeon who left a foreign object inside your body following surgery, then the statute of limitations for that particular type of claim may be shorter than that for the general medical malpractice case. New York also has a "Continuous Treatment Rule." This means that for certain types of malpractice, the 30-month clock does not start until you have completed your ongoing treatment by the doctor or medical professional who is responsible for the error. This is important as it allows patients to file malpractice lawsuits against medical professionals for blunders that may have happened, or could have been discovered years ago. This exemption does not apply to children. New York law has a special statute of limitations for minors, which delays the countdown for 30 months until they reach adulthood.