Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must adhere to a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and it results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as reasonable and prudent in providing medical care. If those standards are not met and that failure causes injuries or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. You must then prove that the breach occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in your particular case. In order for the expert to make this decision, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to behave with reasonable care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine and have to make life and death decisions. The duty of care is found in laws and standards governing certain types of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The standard of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not use the traffic light.

In a malpractice case experts could be required to testify about the standard of care violated and the way in which this standard was violated. They can also explain how the injury was caused and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential loss that may result due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York portland medical malpractice law firm malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses through a review of your medical records, the testimony of experts and the use of economic experts. For your loss of earnings Your medical malpractice lawyer should also demonstrate the number of days you were absent from work because of your medical complications and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can explain your mental, physical, and emotional pain as direct result of the defendant's negligence. Loss of consortium is another kind of non-economic loss. This is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant person as you once did. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to make a claim within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. As with all laws, this one is not without exceptions. If, for instance, the error made by the health professional was part of a ongoing course of treatment, medical malpractice the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances, a patient may not be aware of the issue until a long time later for instance in the event that a foreign substance remains in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific rules in your state and will review your case timeline to avoid administrative errors that could impede your claim.