Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the naugatuck medical malpractice law firm industry as being reasonable and prudent in providing medical care. If these standards aren't adhered to and the failure results in harm or health issues patients may be able to sue for medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you have to prove that a breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

An expert witness can determine whether the defendant's actions were less than the accepted standard in your particular case. The expert will need to look over your medical records and interview or cross-check you in order to determine this.

You also need to prove that the breach of duty directly caused you to suffer injury. Causation is a third element in a malpractice lawsuit. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being prescribed and can result in an adverse reaction like a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and prudence. 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 duty of care is outlined in the regulations and standards that are situated for specific types of procedures and treatments.

In a case of negligence it is essential to establish that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The quality of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for example, would not run at a traffic light.

In a malpractice case experts are usually needed to testify on the standard of care and the manner in which it was breached. They can also describe how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer will establish the medically necessary expenses by examining your gainesville medical malpractice lawyer records, testimony from experts and the assistance of economic experts. Your erie medical malpractice lawyer malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work due your medical problems, and proving that these days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can provide details of your mental, physical, and emotional pain that is direct result of the defendant's negligence. Loss in consortium is another type of non-economic harm. This is the inability to have an intimate relationship with your spouse or another significant person in the same way you once did. The lawyer representing the defendant will contest your non-economic damages 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, Gainesville medical malpractice lawyer there are certain time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission made by the health professional caused death or injury. As with all laws, this rule has its exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until the course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances patients may not discover the problem until a considerable time later, for example in the event that a foreign substance is left in the body following surgery or treatment. Because of this, many states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer will be aware of the specific rules of your state and will carefully go over the timeline of your case to avoid any administrative errors that could impede your claim.