Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must follow a standard of care in treating their patients. If a doctor violates accepted medical procedures and results in injury or death then he may be held responsible for negligence.

Duty of Care

broken arrow medical malpractice lawyer professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide treatment. A patient could be in a position to file a lawsuit for medical malpractice if those standards aren't met and the failure causes injuries or health complications.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act with reasonable care. The next step is to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your specific case. In order for the expert to arrive at this conclusion they must be able review your rio rancho medical malpractice attorney records and conduct an examination or interview of you.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third element in a negligence claim. In most cases you will require a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. However doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The duty of care can be found in laws and standards for specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by a duty to care for the plaintiff. It must be proved that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For instance the reasonable driver would not run a red light.

In a malpractice case, experts are usually needed to testify regarding the standard of care and how it was violated. They can also describe how the injury was caused and what could be done to stop 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, 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 money you will receive from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. In order to prove your loss of earnings the medical malpractice lawyer has to establish the number of days you were absent from work due to your medical conditions and the fact that these absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who can provide evidence of your physical, emotional, and mental pain due to the infractions committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability to have a loving, sexual relationship with your spouse or another significant person in the same way you once did. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and requests for documents and Vimeo.com sworn declarations.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission of a health care provider caused death or injury. However like with all laws there are some exceptions to this rule. If, for instance, the error committed by the health professional was a part of a continual course of treatment, then the "clock" of 30 months cannot begin until the treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not be aware of the issue until a considerable time later, for example, if a foreign body is left in the body following surgery or treatment. To address 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 deadlines. Your attorney will be familiar with the rules of your state and will examine your case timeline carefully to avoid mistakes in the administration that can derail your claims.