Why You Need a Medical Malpractice Lawyer

A jackson medical malpractice law firm malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in providing care. When those standards are not met and that failure causes injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first step 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. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions were below the standard of care in your specific case. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You must also demonstrate that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which results in an adverse reaction like a heart attack.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with care and prudence. However doctors are held to a higher standard because they are considered medical experts and are able to make life and death decisions. The responsibility of medical care is described in the laws and standards that apply to certain kinds of treatments and procedures.

In a case of negligence it is vital to prove that the defendant owed an obligation to take care of the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care for the situation. The standard of care is usually determined by what a typical person would do in similar situations. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case, experts are usually needed to testify about the standard of care and the way in which it was violated. They can also explain the cause of the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice case depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you have missed from work due to medical issues, and the reason for these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will be able to testify about your physical, emotional, and mental distress as a result of infractions committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability to maintain an intimate relationship with your spouse, or any other significant individual as you used to. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions along with requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, victims of azle medical malpractice lawsuit malpractice must make a claim within two and a half years from the date at which the act or omission of a medical professional resulted in the death or injury. As with all laws, this rule is not without exceptions. If, for instance, the error committed by the health care provider was part of a continuous treatment plan, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until a long time after for instance the case where a foreign body remains in the body following surgery or treatment. To deal with this issue, a majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is familiar with the laws of your state and will go over your case's timeline carefully to avoid any administrative errors that could cause delays to your claim.