Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must adhere to a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

miami shores medical malpractice lawyer professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when providing healthcare. When those standards are not followed and if they cause injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. The next step is to prove that the breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions are below the accepted standard in your particular case. To allow the expert to determine this, they will need to be able to examine your webb city Medical malpractice law firm records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly caused the injury. This is known as causation, and it is the third component of a negligence claim. In most cases you will require a direct cause & result relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise care and prudence. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the regulations and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant owed a duty to care for the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to adhere to the standard of care for the situation. The standard of care is usually defined by what an average person would do under similar circumstances. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a malpractice lawsuit expert witnesses could be required to testify regarding the standard of care that was breached and how this standard was breached. They can also provide a detailed explanation of the reason for the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any losses that may arise due to 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 non-economic losses (such pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to establish your medically necessary expenses through a review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you have missed from work due to medical issues, and the fact that these days were a result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who can provide evidence of your physical, emotional, and mental pain because of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories and requests for documents or 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 negligence lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission made by a health care provider caused injury or death. However as with all laws there are a few exceptions to this rule. For instance, if the error made by the health professional was a part of a continual course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases, a patient may not realize the problem until a long time after, for example in the event that a foreign substance is left in the body following surgery or treatment. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the rules of your state and will review the timeline of your case carefully to avoid any administrative errors that could impede your claim.