Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The legal system that regulates tiburon medical malpractice lawyer malpractice cases is built on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical procedures and results in death or injury, the doctor could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when they provide treatment. When those standards are not adhered to and the failure results in harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable manner. Then, you must show the breach of the obligation 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 can determine whether the defendant's actions fell not in line with the accepted standards in your specific case. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly led you to experience injury. Causation is the third factor in a malpractice claim. In most cases, you'll require a direct cause & effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else whitehouse medical malpractice law firm professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to higher standards due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for instance would not operate at a traffic light.

In a lawsuit involving a malpractice experts could be needed to testify on the standard of care that was not met and how the standard was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise due to medical negligence. In order to file a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice case depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work because of pittston medical malpractice lawyer issues, and the reason for these absences were a result of the defendant’s negligence.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can provide details of your physical, mental and emotional distress as an direct result of defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories, depositions and demands for documents and declarations under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed before the deadlines set by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission made by the health professional resulted in the death or injury. As with all laws, this one is not without exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not start until that course of treatment is complete or the patient learns of the diagnosis.

Additionally, in certain situations, such as when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. To solve this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be familiar with the laws of your state and will examine the timeline of your case with care to avoid mistakes in the administration which could delay your claims.