Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent when providing medical malpractice law firm care. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't followed and the breach causes injuries or health problems.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act in a reasonable way. You then need to prove that the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions were below the accepted standard of care in your particular situation. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and could result in an adverse reaction, such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and prudence. However, doctors are held to a higher standard since they are considered medical experts and deal with life and death decisions. The duty of care is set in the rules and regulations that apply to certain types of procedures and treatments.

In a case of negligence it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not operate the traffic light.

In a case of malpractice, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also provide what caused the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To bring a claim for damages the plaintiff must demonstrate both actual financial losses (such as Sierra Vista Medical Malpractice Lawyer expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer will determine your medically required expenses through a thorough review of your medical records, testimony from experts as well as the assistance of economic experts. For medical malpractice the loss of your earnings your medical malpractice lawyer should also show the number of times you missed work due to medical complications and the fact that these absences were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional and mental suffering as a result of negligent actions of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, along with requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed within the deadlines established by law.

In the majority of cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission of the health professional resulted in injury or death. However like all laws, there are a few exceptions to this rule. If, for instance the error of the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. In this regard, a majority of states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific rules in your state, and will carefully look over your case's timeline in order to avoid administrative errors that can derail your claim.