Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, Vimeo.com doctors must adhere to the highest standards of care when treating their patients. If a doctor violates accepted medical procedures and results in injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical healthcare. If these standards aren't followed and if they cause injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first element in a malpractice case is to establish that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. You must then prove that the breach occurred. This is typically done an expert witness that can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the standard of care in your situation. The expert will need to look over your medical records and also interview or question you in order to arrive at this conclusion.

You must also establish that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being prescribed and could result in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to an even higher standard, however, because they are stoughton medical malpractice law firm experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards for specific types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also discuss the reason for the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away working due to medical conditions, and also the fact that these days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need assistance from an expert witness who can detail your mental, physical, and emotional suffering as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person as you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of depositions, interrogatories, and demands for documents and declarations under oath.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. A New York camp hill medical malpractice lawyer malpractice attorney who is skilled is well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years from the date that the act or omission of a healthcare professional resulted in the death or injury. Like all laws, this rule has its exceptions. For instance if the health care provider's error was part of a continuous course of treatment, the 30-month mandatory "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain situations, such as when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. This is why many states have adopted an idea of law known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your lawyer is familiar with the rules of your state and will review your case timeline carefully to avoid administrative mistakes which could delay your claims.