Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from accepted medical practice and it causes an injury or death the doctor could be held accountable 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 care. When those standards are not met and that failure causes injury or health complications, a patient may be able to sue for medical 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 an obligation to act in a fair manner. Then, you have to prove that a breach of that obligation occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

The expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will look over your medical records and interview or examine you to make this decision.

You must be able to prove that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction like a heart attack.

Breach of Duty

Like all people, are legally bound by a obligation to conduct themselves with reasonable care and with caution. However doctors are held to an even higher standard because they are considered experts in medicine and are able to make life and death decisions. The duty of care can be found in the regulations and laws for specific types of treatment and procedures.

One of the most important elements that must be proven in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it needs to be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do in the situation. For instance the reasonable driver would not speed through the red light.

In a case of malpractice, expert witnesses are often needed to testify on the standard of care and the way in which it was violated. They can also discuss the reason behind the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent upon how well your New York bellmead medical malpractice lawsuit malpractice attorney will argue for your losses. Your lawyer will establish your medically necessary 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 the la vista medical malpractice attorney malpractice lawyer should also demonstrate the number of days you missed work due to your medical complications and the fact that the absences resulted from the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who will be able to testify about your physical, emotional, and mental pain because of the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and demands for documents and declarations under swearing.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed within the deadlines established by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years of the date when the negligence or act of a medical professional resulted in the death or injury. Like all laws, this rule has its exceptions. For instance when the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances patients may not discover the problem until a long time later for instance, if a foreign body remains within the body after surgery or treatment. For this reason, most states have adopted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of specific laws of your state, and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.