Why You Need a Medical Malpractice Lawyer

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

In common law, medical malpractice doctors must follow the highest standards of care when treating their patients. If a physician violates accepted glen ridge medical malpractice lawyer procedures and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when providing healthcare. A patient might be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the result is injuries or health problems.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act in a reasonable way. Then, you must show that the breach of that obligation occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were below the accepted standard in your case. In order for the expert to determine this they must be able to examine your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly led you to experience injuries. This is known as causation and it is the third component of a negligence claim. In most cases, you'll require a direct cause & result relationship between the breach of duties and the resulting injury. A misdiagnosis, for example, Medical malpractice could lead to prescribing the wrong medication or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care is defined in the law and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor failed to perform to the required standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For instance, a reasonable driver would not stop at a red light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care violated and how this standard was violated. They can also discuss the cause of the injury and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any loss that may result from medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount 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 determine your medically required expenses through a review your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work due your medical conditions, and also the reason for these absences were a result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or any other significant person in the same way you used to. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions, and requests for documents and statements under the oath.

Statute of Limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission made by a health care provider resulted in death or injury. As with all laws, this one is not without exceptions. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is complete or the patient learns about the diagnosis.

In some cases, a patient may not discover the problem until a long time later, for example in the event that a foreign substance is left within the body after surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your lawyer will be well-versed in the laws of your state and will examine the timeline of your case with care to avoid administrative errors that could cause delays to your claim.