Why You Need a Medical Malpractice Lawyer

A wichita medical malpractice lawsuit malpractice lawyer can help victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a physician does not follow accepted medical practice and it results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in their healthcare. If the standards aren't followed and the result is harm or health issues the patient could be able to sue for medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act in a reasonable way. You must then prove that the breach occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your case. The expert will need to examine your medical records and interview or cross-check you to arrive at this conclusion.

You must also be able to establish that the breach of duty caused the injuries. Causation is the 3rd element in a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being prescribed and medical malpractice lawyer results in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts and are able to make life and death decisions. The duty of care is set in the regulations and standards that are situated for specific kinds of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example would not operate the traffic light.

In a malpractice case, expert witnesses are often needed to testify regarding the standard of care and how it was violated. 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 from medical negligence. In order to submit a claim for damages, medical malpractice lawyer the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, the testimony of experts, and the use of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer has to prove the number of days you were away from work due to medical issues and the fact that these absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can detail your mental, physical, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a second type of non-economic injury. This is the inability to have a romantic, sexual connection with your spouse or any other significant person 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

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

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission of the health professional caused death or injury. However as with all laws there are some exceptions to this rule. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances the patient may not recognize the problem until a long time after for instance, if a foreign body is left in the body following surgery or treatment. In order to tackle this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules in your state and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes which could cause delays to your claim.