Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The common law system governs medical malpractice claims.

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, they may be held responsible for negligence.

Duty of Care

springboro medical malpractice attorney professionals are required to follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide treatment. Patients may be in a position to file a lawsuit against a berkeley medical malpractice lawyer professional if those standards aren't being met and the failure causes injuries or health problems.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was obligated to act in a reasonable way. Then, you need to prove that a breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will review your medical records, and interview or cross-check you to arrive at this conclusion.

You must also be able to prove that the breach of duty caused the injuries. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example one, could result in prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and be cautious. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The duty of care is outlined in laws and standards governing specific kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant had an obligation to take care of the plaintiff. It must be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The quality of care is usually determined by what a typical person would do in the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice lawsuit, expert witnesses may be needed to testify on the standard of care that was violated and how this standard was breached. They can also explain the cause of the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to file an action for damages, the plaintiff has to prove actual financial losses (such as dearborn heights medical malpractice lawyer expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. For your loss of earnings your medical malpractice lawyer must establish the number of days you were off work because of your medical issues and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can give evidence about your physical, emotional and mental distress as a result of infractions committed by the defendant. Loss of consortium is a second type of non-economic damage. This is the inability to maintain a loving, sexual relationship with your spouse or any other significant individual as you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under the oath.

Statute of limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines and ensure that your claim is filed prior to the deadlines specified by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission by an health professional resulted in the injury or death. As with all laws this law is not without exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the course of treatment is complete or the patient is informed of the diagnosis.

In some cases the patient may not recognize the problem until a considerable time later, for example when a foreign object is left within the body after surgery or treatment. Because of this, many states have adopted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will review the timeline of your case with care to avoid mistakes in the administration that could cause delays to your claim.