Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates chino hills medical malpractice attorney malpractice cases is based on common law.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor is not following accepted medical practice and it causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent when providing care. A patient could be able to file a lawsuit against a medical professional if those standards aren't met and the breach causes injuries or health complications.

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

This expert witness will determine if the defendant's actions are in violation of the accepted standard of care in the particular case. In order for the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly led to your injury. This is known as causation and it is the third element of a malpractice claim. In most cases you will require a direct cause-and- result connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is found in the laws and standards that govern specific types of treatments and procedures.

One of the first things that needs to be established in a negligence lawsuit is that the defendant was bound by 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 adhere to the standard of care for the situation. The standard of care is typically defined by what an average person would do under the same situation. For instance, a reasonable driver wouldn't run the red light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was breached and how this standard was violated. They can also discuss the reason for the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential loss that may result from medical negligence. To make an action for damages, the plaintiff has to prove actual financial losses (such as Cedarhurst medical malpractice lawyer expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can determine your medically required expenses by examining your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were away from work because of medical complications, and the fact that these days were a result of the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will be able to testify about your physical, emotional and mental distress because of the infractions committed by the defendant. Loss of consortium is another type of non-economic injury. It is the inability to maintain a loving, new kensington medical malpractice lawyer sexual relationship with your spouse, or any other significant individual as you used to. The defendant's attorney will challenge your non-economic losses through a process of depositions, interrogatories, and requests for statements and documents under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set forth by law.

In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. However, as with all laws there are some exceptions to this rule. If, for example, the error made by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances like when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer is well-versed in the laws of your state and will go over the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.