What Freud Can Teach Us About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In the common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical procedures and results in injury or death the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent when providing medical care. Patients may be in a position to file a lawsuit against a medical professional if those standards aren't met and the breach causes injuries or health issues.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in the particular case. To allow the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being prescribed and could result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and prudence. However doctors are held to a higher standard because they are considered experts in medicine and deal with life and death decisions. The duty of care is found in the laws and standards that govern certain types of treatments and procedures.

One of the first elements that must be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated the duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for example would not operate an intersection at a stoplight.

In a case of malpractice experts could be needed to testify on the standard of care that was not met and how the standard was violated. They can also provide a detailed explanation of the cause of the injury and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any damages that could result due to medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice case depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, the testimony of experts, and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer must also show the number of times you were absent from work due to your medical complications and the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can detail your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or Medical Malpractice Lawyer your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of limitations

As in every state, medical malpractice Lawyer New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission of an health professional resulted in the death or injury. However like all laws there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or until the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until a considerable time later, for example when a foreign object remains in the body following surgery or treatment. For this reason, most states have adopted the legal concept known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws of your state and carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.