Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

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

Duty of Care

roseville medical malpractice law firm professionals are required to follow a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. If the standards aren't followed and if they cause harm or health issues patients may be able to file a medical malpractice lawsuit.

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 an obligation to act in a reasonable way. You must then prove the breach occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions fell below the accepted standard in your situation. In order for the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly led you to suffer injury. This is known as causation and it is the third element in a negligence claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered, which can result in an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to conduct themselves with reasonable care and with caution. However doctors are held to an even higher standard due to the fact that they are medical experts and deal with life and death decisions. The duty of care is outlined in the regulations and vimeo laws for certain types of treatments and procedures.

One of the first elements that needs 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 did not fulfill this duty of care. This means that the doctor failed to live up to the standard of care for the situation. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case expert witnesses could be required to testify about the standard of care that was not met and how this standard was violated. They can also discuss how the injury occurred and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result due to medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can prove your medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. For the loss of your earnings your medical malpractice lawyer should also establish the number of days you were away from work due to your medical complications and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can detail your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a second type of non-economic injury. This is the inability of having a romantic, sexual connection with your spouse or other significant person in the same way you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, along with requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes or limitations within which a round rock medical malpractice law firm malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed within the deadlines established by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years from the date that the act or omission of a doctor or other health professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is complete or the patient learns of the diagnosis.

In some cases, a patient may not recognize the problem until a considerable time later 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 implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will know the specific laws in your state and will go over the timeline of your case to avoid administrative errors that could impede your claim.