Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must follow the standard of care when treating their patients. If a doctor deviates from the accepted medical standard and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being reasonable and prudent in providing medical treatment. A patient might be legally able to bring a lawsuit for bluffton medical malpractice lawyer [Vimeo.com] malpractice if the standards aren't followed and the failure results in injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity owed you a duty to act with reasonable care. You must then prove the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will determine if the defendant's actions were below the standard of care that is accepted in your particular case. To enable the expert to make this decision they must be able to review your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly led you to experience injury. Causation is the third element in a claim for malpractice. In most cases you will require a direct cause & effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance, could lead to the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise care and caution. However doctors are held to a higher standard since they are considered experts in medicine and deal with life and death decisions. The duty of care is found in the regulations and laws for specific types of treatment and procedures.

One of the first elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in the specific situation. The quality of care is usually determined by what a reasonable person would do in the situation. For instance the reasonable driver would not speed through the red light.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care that was breached and how this standard was breached. They can also explain the reason for the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to bring a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were away from work due your medical conditions, and also that these days resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the help of a professional who can provide evidence of your physical, emotional, and mental distress as a result of infractions committed by the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to maintain a loving, sexual relationship with your spouse or other significant person as you used to. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

In new baltimore medical malpractice lawyer York, as with every state, there are specific time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, victims of medical malpractice must bring a lawsuit within two and a half years from the date on which the act or omission of a healthcare professional caused the injury or death. However, as with all laws, there are a few exceptions to this rule. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the treatment is completed or when the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until quite a while later for instance when a foreign object remains in the body following surgery or treatment. Because of this, many states have enacted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your lawyer is familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that can derail your claims.