Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in their care. If those standards are not followed and the result is injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will need to examine your medical records and also interview or question you to determine this.

It is also necessary to prove that the breach of duty caused you to suffer injuries. This is known as causation, and it is the third element in a negligence claim. In most cases, you'll need a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to a higher standard because they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the rules and regulations which are applicable to specific types of treatments and procedures.

In a case of negligence it is important to establish that the defendant had a duty to care for the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what an ordinary person would do under the same circumstances. A reasonable driver, for instance, would not run the traffic light.

In a case of negligence, experts are usually needed to testify regarding the standard of care and how it was violated. They can also explain what caused the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from chelsea medical malpractice lawsuit negligence. To file a claim, the plaintiff must 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 upon how well your New York medical malpractice attorney fights for your losses. Your attorney can prove your medically necessary expenses through a review of your medical records, testimony from experts, and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you were away from work due to waite park medical malpractice lawyer issues, and that these days were due to the defendant’s negligence.

Non-economic damages can be more difficult to prove and could require the help of a professional who will testify about your physical, emotional, and mental pain as a result of negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories as well as requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines that are set by law.

In most cases, the victim of medical negligence is required to bring a suit within two and a half years from the time the act or omission by an health professional caused the death or injury. As with all laws this rule is not without exceptions. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the treatment is completed or when the patient becomes aware of the diagnosis.

In some instances the patient may not recognize the problem until a considerable time later for instance the case where a foreign body remains within the body after surgery or treatment. In order to solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific laws of your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that can derail your claim.