Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician does not follow the accepted medical norms and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing treatment. When those standards are not followed and if they cause injuries or health problems, a patient may be able to sue for medical malpractice lawsuit.

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

The expert witness will be able to determine if the defendant's actions are in violation of the accepted standard of care in the particular case. To enable the expert to make this determination they must be able to examine your medical records and conduct an examination or interview with you.

You also need to establish that the breach of duty directly led you to suffer injury. Causation is a third element in a claim for malpractice. In most cases, you'll need a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance can result in prescriptions for the wrong drug or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to behave with reasonable care and with caution. However, doctors are held to an even more stringent standard because they are rutland medical malpractice lawsuit experts and deal with life and death decisions. The responsibility of columbia medical malpractice law firm care is described in the law and standards that apply to certain kinds of treatments and procedures.

One of the most important elements to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in the given circumstance. The standard of care is usually determined by what a normal person would do in the same circumstances. A reasonable driver, for example would not use a traffic light.

In a case of negligence, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also provide a detailed explanation of how the injury occurred and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on the way in which your New York Milton Medical malpractice Law Firm malpractice lawyer presents the case for your losses. Your attorney will be able to prove your medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. For your loss of earnings Your medical malpractice lawyer must also prove the number of days you were off work because of your medical conditions and the fact that the absences resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional, and mental distress as a result of the negligent actions of the defendant. Loss in consortium is another type of non-economic injury. It is the inability of having an intimate relationship with your spouse or any other significant individual as you once did. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years of the date at which the act or omission of a health care provider resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

In certain instances the patient may not be aware of the issue until quite a while later for instance when a foreign object remains within the body after surgery or treatment. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules of your state and carefully examine your case's timeline to avoid administrative errors that could delay your claim.