Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being reasonable and prudent in providing miramar medical malpractice attorney healthcare. If those standards are not followed and if they cause injuries or health issues, a patient may be able to sue for Salina Medical Malpractice Law Firm malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity had a legal obligation to act reasonably. Then, you must show that a breach of that duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular circumstance. In order for the expert to make this determination they must be able to review your medical records and conduct an examination or interview with you.

You also need to establish that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third element of a negligence claim. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise the utmost care and caution. However doctors are held to an even higher standard because they are considered medical experts and are able to make life and death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

In a case of negligence it is vital to prove that the defendant was bound by a duty to care for the plaintiff. It must be proven that the defendant violated the 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 person would do in similar circumstances. For instance the reasonable driver wouldn't run an intersection with a red light.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also explain how the injury occurred and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to prove your medically necessary expenses by examining your medical records, evidence from experts and the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent working due to medical problems, and proving that these missed days resulted from the negligence of the defendant.

Non-economic losses 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 suffering because of the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories and requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines established by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date on which the negligence or act of a health care provider resulted in the death or injury. As with all laws, this rule has its exceptions. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not start until the course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. In this regard, a majority of states have adopted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer is familiar with the rules of your state and will go over your case's timeline carefully to avoid any administrative errors that could cause delays to your claim.