Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must follow the standard of care when treating their patients. If a doctor is not following the accepted medical standard and results in an injury or death it could be liable for negligence.

Duty of Care

lake st louis medical malpractice lawyer professionals must adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when they provide healthcare. If these standards aren't adhered to and the failure results in injuries or health issues patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. 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 be able determine if the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will examine your medical records and interview or examine you in order to make this decision.

It is also necessary to establish that the breach of duty directly caused the injury. Causation is the third factor in a claim for malpractice. In most cases you will require a direct cause-and- result relationship between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This can cause an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with care and prudence. Doctors are held to higher standards but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards which are applicable to specific types of procedures and treatments.

In a case of negligence, it is vital to prove that the defendant was bound by a duty to care for the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is usually defined by what an average person would do under similar circumstances. For example, a prudent driver wouldn't run a red light.

In a lawsuit involving a malpractice expert witnesses could be required to provide evidence on the standard of care that was not met and the manner in which this standard was breached. They can also describe the cause of the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any damages that could result from medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as 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 will argue for your losses. Your lawyer will determine your medically required expenses through a review your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings the medical malpractice lawyer should also show the number of times you were off work because of your medical condition and also the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will testify about your physical, emotional, and mental pain due to the negligence committed by the defendant. Loss of consortium is a different type of non-economic harm. It is the inability to enjoy a loving, sexual relationship with your spouse or another significant individual as you once did. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions and requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations within which a keokuk medical malpractice attorney negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, the victim of Valdese Medical Malpractice Attorney negligence must make a claim within two-and-a-half years of the date that the act or omission of a health care provider caused the injury or death. As with all laws, this law is not without exceptions. For instance, if the error of the health professional was part of a ongoing course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. For this reason, most states have enacted an idea of law known as the discovery rule, which allows injured victims to extend deadlines in certain situations. Your attorney will be familiar with the rules of your state and will review the timeline of your case with care to avoid administrative errors that could cause delays to your claim.