Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must adhere to the highest standards of care when treating their patients. If a physician does not follow the accepted medical practices and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the san antonio medical malpractice lawyer industry as being prudent and reasonable when they provide treatment. If the standards aren't followed and the result is injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was obligated to act with reasonable care. You then need to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular situation. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You also need to prove that the breach of duty directly caused the injuries. Causation is the 3rd element in a claim for malpractice. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with care and prudence. However, doctors are held to an even higher standard since they are considered medical experts and have to make life and death decisions. The obligation of care is outlined in laws and standards for specific types of treatment and procedures.

One of the most important elements to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care appropriate to the circumstances. The standard of care is generally determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use a traffic light.

In a case of negligence, expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also explain the cause of the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice suit depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, testimony from experts, and the use of economic experts. For your loss of earnings Your medical malpractice lawyer should also establish the number of days you missed work because of your medical issues and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can explain your mental, physical, and emotional suffering as a direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability of having an intimate, sexual relationship with your spouse or other significant individual as you once did. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, as well as requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes of limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and will ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, a victim of Grand rapids medical malpractice lawsuit malpractice has to bring a lawsuit within two and a half years of the date on which the act or omission of a doctor or other health professional resulted in the death or injury. However as with all laws there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until that course of treatment is completed or until the patient becomes aware of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a long time later, for example when a foreign object remains within the body after surgery or treatment. In order to tackle this issue, grand rapids medical malpractice lawsuit the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific laws in your state, and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.