Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor violates accepted medical procedures and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If these standards aren't followed and the result is injuries or health problems the patient could be able to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person had a legal obligation to act with reasonable care. You then need to prove that the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in the particular case. The expert will need to look over your medical records and also interview or question you in order to make this determination.

You also need to establish that the breach of duty directly caused you to suffer injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, Medical malpractice Lawsuit you'll require a direct cause and result relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what a normal person would do under the same circumstances. For example the reasonable driver would not stop at the red light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care that was breached and the way in which this standard was breached. They can also provide the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any losses that might arise from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney will be able to determine your medically required expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. In order to establish your loss of earnings Your carlsbad medical malpractice lawyer malpractice lawyer must prove the number of days you were absent from work because of your medical conditions and the fact that the absences were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can provide evidence of your physical, emotional and mental pain as a result of infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.

In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission committed by a health care provider caused death or injury. As with all laws, this rule has its exceptions. For instance, if the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases, a patient may not discover the problem until a considerable time later for instance, if a foreign body remains in the body following surgery or treatment. Because of this, many states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be aware of specific rules of your state, and will carefully review your case timeline to avoid administrative errors that could delay your claim.