Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is not following accepted medical practice and it results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing healthcare. A patient may be legally able to bring a lawsuit for medical malpractice if those standards aren't met and the result is injury or health complications.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in your particular case. To enable the expert to make this decision they must be able to look over your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly led to your injury. Causation is a third element in a claim for malpractice. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to an even higher standard since they are considered medical experts and have to make life and death decisions. The duty of care is outlined in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence case is that the defendant was bound brook medical malpractice law firm by a duty of care to the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what a typical person would do in similar situations. For example, a reasonable driver would not stop at an intersection with a red light.

In a malpractice case experts could be required to provide evidence on the standard of care that was breached and the way in which this standard was violated. They can also provide the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result from medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney can determine your medically required 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 should also show the number of times you missed work due to your medical conditions and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can provide details of your physical, mental, and emotional pain that is an direct result of defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability of having an intimate, sexual relationship with your spouse or another significant person as you used to. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories and depositions and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed prior to the deadlines set by law.

In most cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission by big rapids medical Malpractice law firm professionals resulted in the injury or death. As with all laws this one is not without exceptions. If, for instance the error committed by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances the patient may not be aware of the issue until a considerable time later for instance, if a foreign body remains in the body following surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule, which allows injured victims to extend deadlines in certain instances. Your attorney will be aware of specific rules of your state, and will carefully examine your case's timeline to avoid administrative errors that could delay your claim.