Why You Need a medical malpractice lawyer (Read the Full Post)

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

In the common law, doctors must adhere to an ethical standard when treating their patients. If a physician does not follow accepted medical practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing healthcare. A patient might be able to file a lawsuit against a medical professional if those standards aren't being met and the result is injuries or health problems.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You must be able to show that the breach directly caused your injury. This is known as causation, and it is the third element of a negligence claim. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and be cautious. Doctors are held to higher standards due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific types of treatment and procedures.

In a case of negligence, it is vital to prove that the defendant was bound by the duty of care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a normal person would do under the same circumstances. A reasonable driver, for example, would not run a traffic light.

In a malpractice case experts are usually needed to testify about the standards of care and the manner in which it was breached. They can also discuss the reason behind the injury and explain how they could have prevented it.

Damages

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

The amount of compensation received from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings the medical malpractice lawyer should also prove the number of days you were absent from work because of your medical issues and the fact that the absences were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic harm. This is the inability to have an intimate, sexual relationship with your spouse or other significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages through a process of depositions, interrogatories, and demands for documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines established by law.

In most cases, a victim of medical malpractice has to make a claim within two and a half years from the date when the negligence or act of a medical professional caused the injury or death. However as with all laws, Medical malpractice lawyer there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not begin until the course of treatment is completed or medical malpractice lawyer the patient has been informed of the diagnosis.

In some instances, such as when a foreign object is found inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In this regard, a majority of states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will examine the timeline of your case carefully to avoid mistakes in the administration that can derail your claims.