Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe the standard of care when treating their patients. If a physician does not follow accepted medical practice and it results in an injury or death, he may be liable for negligence.

Duty of Care

blythe medical malpractice lawsuit professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and medical malpractice attorney prudent when providing treatment. When those standards are not followed and if they cause injuries or health problems the patient could be able to sue for medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act reasonably. You must then prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your specific case. The expert will look over your medical records and interview or examine you to make this determination.

You must also demonstrate that the breach directly led to your injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, Medical malpractice attorney you'll need a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and that in turn causes an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care can be found in the regulations and laws for specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standard of care in the given circumstance. The standard of care is typically determined by what an ordinary person would do in the same circumstances. A reasonable driver, for instance would not operate the traffic light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care that was not met and how the standard was violated. They can also explain the reason for the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any damages that could result from medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer should also prove the number of days you were off work because of your medical issues and the fact that these days off work resulted from 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 distress as a result of negligence of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages through interrogatories, depositions, and requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and will ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission made by an health professional resulted in injury or death. However like all laws there are a few exceptions to this rule. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific laws of your state, and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes which could cause delays to your claim.