Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being sensible and prudent in providing healthcare. When those standards are not met and that failure causes injury or health complications patients may be able to file a palm beach gardens medical malpractice law firm malpractice lawsuit.

The first thing to do in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. You then need to prove that the breach occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. To allow the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview of you.

You should also be able to prove that the breach of duty directly led you to suffer injuries. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you will need a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and that in turn causes an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. Doctors are held to higher standards but because they are grimes medical malpractice law firm experts and can make life-or-death decisions. The duty of care is outlined in the rules and regulations that apply to certain kinds of treatments and procedures.

One of the first elements that needs to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is usually determined by what a typical person would do under similar situations. A reasonable driver, for example would not use the traffic light.

In a case of malpractice experts could be needed to testify on the standard of care that was breached and the way in which this standard was violated. They can also discuss the reason for the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that may arise due to medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice case is contingent on the way in which your New York medical malpractice lawyer makes the case for Vimeo your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony, and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also demonstrate the number of days you were off work due to your medical conditions and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional, and mental pain because of the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents and sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court will decide to dismiss the case. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines and will ensure that your claim is filed within the deadlines specified by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the negligence or act of a medical professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance, if the error committed by the health professional was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

In certain instances patients may not realize the problem until quite a while later, for example when a foreign object remains in the body following surgery or treatment. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific rules of your state and will review your case timeline to avoid administrative errors that can derail your claim.