Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor deviates from the accepted medical norms and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

douglas medical malpractice lawyer professionals are required to follow a set of standards accepted by the cupertino medical malpractice lawyer industry as being reasonable and prudent when providing care. If these standards aren't followed and if they cause injury or health complications patients may be able to sue for Cupertino Medical Malpractice Lawyer medical malpractice lawsuit.

The first thing to do in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation 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 situation.

The expert witness will be able to help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular situation. The expert will review your medical records, and then interview or testify against you to arrive at this conclusion.

You must also be able to establish that the breach of duty caused you to experience injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being prescribed and could result in an adverse reaction, like heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal duty to act with reasonable care and caution. Doctors are held to a higher standard, however, because they are hickory hills medical malpractice attorney experts who make life-or-death decisions. The obligation of care is defined in the law and standards which are applicable to specific types of treatments and procedures.

One of the first things that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually defined by what an average person would do under the same circumstances. For example, a prudent driver would not run a red light.

In a case of malpractice, experts are usually needed to testify regarding the standard of care and how it was violated. They can also describe the cause of the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that might arise due to medical negligence. To be able to file a claim the plaintiff must 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 depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer will prove your medically necessary expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer must also prove the number of days you were off work due to medical issues and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the help of a professional who will testify about your physical, emotional, and mental distress as a result of the negligence committed by the defendant. Loss of consortium is a second type of non-economic damage. It is the inability to enjoy a romantic, sexual connection with your spouse or other significant person as you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, and requests for documents and sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines set by law.

In most cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the act or omission of a doctor or other health professional caused the injury or death. Like all laws, this rule has its exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the treatment is completed or until the patient learns of the diagnosis.

In some instances the patient may not realize the problem until a long time after for instance when a foreign object is left within the body after surgery or treatment. In this regard, a majority of states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will go over your case timeline carefully to avoid mistakes in the administration that could impede your claim.