Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims get compensation for their losses. The common law system governs medical malpractice claims.

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 then he could be held accountable for negligence.

Duty of Care

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

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person had a legal obligation to act reasonably. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions were below the accepted standard in your situation. The expert will need to look over your medical records and interview or examine you to determine this.

You must also show that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you will need a direct cause and effect relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which results in an adverse reaction like heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and be cautious. However doctors are held to a higher standard due to the fact that they are medical experts and have to make life and death decisions. The obligation of care is outlined in laws and standards governing specific types of treatment and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. A reasonable driver, for example would not use an intersection at a stoplight.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also discuss the reason behind the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any loss that may result due to marietta medical malpractice lawsuit negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer has to show the number of times you were absent from work due to medical conditions and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional and mental distress as a result of negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories as well as requests for documents and sworn declarations.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will not dismiss the case. An experienced New York belle plaine medical malpractice law firm malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed by 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 date the act or omission committed by the health professional resulted in injury or death. As with all laws this rule is not without exceptions. If, for example, the error of the health care provider was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient to realize the issue until much later. In order to solve this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be well-versed in the laws of your state and will examine your case's timeline carefully to avoid administrative errors that can derail your claims.