Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the auburn medical malpractice Law firm profession as being reasonable and prudent when providing medical care. When those standards are not followed and if they cause injuries or health problems the patient could be able to file a medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. You then need to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and medical malpractice attorney evaluation of the case.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your case. The expert will need to examine your medical records and interview or examine you to make this decision.

You also need to establish that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and be cautious. Doctors are held to an elevated standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern certain types of treatments and procedures.

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

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

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any loss that may result from medical negligence. To submit an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you have missed from work because of medical conditions, and also the reason for these absences were due to the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional and mental suffering because of the negligence of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be met prior to a sheffield lake medical malpractice lawyer negligence case can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission committed by an health professional resulted in the injury or death. As with all laws, this rule is not without exceptions. For instance, if the error of the health professional was a part of a continual course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

In certain instances, a patient may not realize the problem until a long time after for instance when a foreign object remains within the body after surgery or treatment. Because of this, many states have adopted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws in your state, and will carefully review your case timeline to avoid administrative errors that could delay your claim.