Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the 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 the doctor may be held responsible for negligence.

Duty of Care

columbia city medical malpractice lawyer professionals are required to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when providing treatment. A patient might be able to file a lawsuit for medical malpractice if those standards aren't being met and the breach causes injury or health complications.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person owed you a duty to act in a reasonable way. You must then prove the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. To allow the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly caused the injuries. Causation is a third element in a claim for malpractice. In most cases you will require a direct cause & result connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to higher standards however, since they are medical experts and can make life-or-death decisions. The duty of care is outlined in laws and standards governing specific types of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care in this particular situation. The quality of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for example would not operate an intersection at a stoplight.

In a malpractice case, expert witnesses may be needed to testify on the standard of care violated and how the standard was breached. They can also explain the reason for the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to file 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 you receive from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your lawyer will prove your medically necessary expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed from work because of medical issues, and that these days were a result of the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can provide details of your physical, mental and emotional pain as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual 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 in the form of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines specified by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date that the negligence or act of a medical professional caused the injury or death. However as with all laws there are a few exceptions to this rule. If, for instance the error made by the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases for instance, when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances 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.