Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

ozark medical malpractice lawyer professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent when providing treatment. If these standards aren't met and that failure causes injuries or health problems, a patient may be able to bring a Woodland medical malpractice lawyer malpractice lawsuit.

The first step in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that the breach occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your specific case. In order for the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview of you.

It is also necessary to prove that the breach of duty directly caused the injuries. Causation is the 3rd element in a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and caution. Doctors are held to an even higher standard however, since they are medical experts who make life-or-death decisions. The duty of care can be found in the laws and standards that govern certain types of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a malpractice case experts are often required to testify regarding the standard of care and the way in which it was violated. They can also provide what caused the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to make an action 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 suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer will determine your medically required expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. In order to establish your loss of earnings your medical malpractice lawyer should also prove the number of days you were away from work because of your medical conditions and the fact that the absences were due to the negligence of the defendant.

Non-economic losses are more difficult to prove and might require the assistance of a professional who will provide evidence of your physical, emotional and mental distress as a result of negligence of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages through depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission committed by the health professional resulted in the injury or death. However like with all laws, there are a few exceptions to this rule. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.

In some instances, such as when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. To address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the rules of your state and will examine the timeline of your case with care to avoid any administrative errors that could impede your claim.