Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are expected 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 injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent in providing medical treatment. When those standards are not followed and the result is injuries or health problems the patient could be able to sue for medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was bound to act in a reasonable way. The next step is to prove the breach of the duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your situation. The expert will need to look over your medical records and interview or cross-check you in order to make this decision.

You also need to prove that the breach of duty directly caused the injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause and effect relationship between the breach of duties and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered, which can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all people, are legally bound by a obligation to conduct themselves with reasonable care and be cautious. Doctors are held to an elevated standard but because they are medical experts who make life-or-death decisions. The duty of care is found in the regulations and laws for specific types of treatments and procedures.

One of the first things that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is typically determined by what a normal person would do under similar situations. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a malpractice case expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also explain the reason for the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that might arise from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish the medically necessary expenses through a review of your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you have missed from work because of medical issues, and the reason for these absences were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional, and mental distress as a result of infractions committed by the defendant. Loss of consortium is another type of non-economic injury. It is the inability of having an intimate, sexual relationship with your spouse or other significant person like you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through 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 fulfilled before a Keller medical malpractice lawyer (vimeo.com) malpractice claim can be filed. Otherwise the court could dismiss it. A seasoned New York sparks medical malpractice lawyer malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines established by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date on which the act or omission of a medical professional caused the injury or death. However as with all laws there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30-month legal "clock" will not start until the course of treatment is complete or the patient learns of the diagnosis.

In some cases the patient may not be aware of the issue until a long time later for instance the case where a foreign body is left in the body following surgery or [Redirect-302] treatment. To solve this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules of your state and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could delay your claim.