Why You Need a Medical Malpractice Lawyer

A santee medical malpractice lawsuit malpractice attorney can help injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as being prudent and reasonable when providing treatment. If the standards aren't followed and the result is harm or health issues patients may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they were bound to act in a reasonable manner. Then, you need to prove that the breach of this duty 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 are below the standard of care in your particular case. The expert will examine your medical records and then interview or testify against you to determine this.

You must be able to establish that the breach directly led to your injury. This is known as causation, medical malpractice attorney and it is the third element of a negligence claim. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to act with diligence and care. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and medical malpractice are able to make life and death decisions. The duty of care is found in laws and standards for specific types of treatment and procedures.

In a negligence case, it is essential to establish that the defendant owed the duty of care for the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor did not live up to the standard of care for the situation. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for example would not use a traffic light.

In a case of negligence, expert witnesses are often needed to testify about the standard of care and the way in which it was violated. They can also explain the cause of the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. In order to bring 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 from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. For the loss of your earnings your medical malpractice lawyer must prove the number of days you were off work because of your medical condition and also the fact that these absences were the result of the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can describe your physical, mental and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic harm. It is the inability to enjoy a loving, sexual relationship with your spouse or another significant person like you used to. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories, depositions and requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations - within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed before the deadlines set by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission by an health professional resulted in the injury or death. Like all laws, this law is not without exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30-month legal "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time after, for example the case where a foreign body is left within the body after surgery or treatment. To address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be well-versed in the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration that could cause delays to your claim.