Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must follow a standard of care in treating their patients. If a doctor does not adhere to the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable in providing medical healthcare. When those standards are not met and that failure causes injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions fell below the standard of care in your situation. The expert will need to look over your medical records and also interview or question you in order to make this determination.

You must also be able to prove that the breach of duty directly led the injury. Causation is a third element in a claim for malpractice. In most cases you will require a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to conduct themselves with reasonable care and with caution. Doctors are held to an elevated standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is found in laws and Medical standards governing specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance would not operate at a traffic light.

In a malpractice case, experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also discuss the reason for the accident and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential loss that may result due to medical negligence. In order to submit an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

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 attorney will be able to determine your medically required expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your wylie medical malpractice lawyer malpractice attorney must prove the loss of earnings by proving the number of days you were away working due to medical problems, and proving the reason for these absences were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who can give evidence about your physical, emotional and mental distress as a result of the negligence of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, as well as requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines, and will ensure that your claim is submitted before the deadlines set by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date at which the act or omission of a medical professional caused the injury or death. However like with all laws, there are a few exceptions to this rule. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until the course of treatment is completed or until the patient learns about the diagnosis.

In some cases patients may not realize the problem until a considerable time later for instance, if a foreign body is left in the body following surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific rules of your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.