Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The common law system governs medical malpractice claims.

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

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as being reasonable and prudent in providing medical healthcare. When those standards are not adhered to and the failure results in harm or health issues the patient could 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 were bound to act in a reasonable manner. Then, Medical Malpractice Attorney you must show that the breach of this obligation occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular situation. To enable the expert to make this determination, they will need to be able review your medical records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction, like heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The obligation of care is found in the regulations and laws for specific kinds of treatments and procedures.

In a case of negligence it is vital to prove that the defendant had an obligation to take care of the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do in the situation. For instance, a prudent driver wouldn't run a red light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care that was not met and the way in which this standard was violated. They can also explain the reason for the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such tecumseh medical malpractice lawsuit expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, testimony from experts as well as the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer should also show the number of times you were absent from work because of your medical condition and also the fact that these missed work days were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional and mental suffering due to the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by interrogatories, depositions, and demands for documents and declarations under swearing.

Statute of limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. 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 established by law.

In the majority of cases, the victim of medical malpractice attorney [read] negligence has to bring a suit within two and a half years of the date that the act or omission made by the health professional resulted in injury or death. Like all laws, medical malpractice attorney this law is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or when the patient learns of the diagnosis.

In some instances like when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. Because of this, many states have adopted the legal concept known as the discovery rule that permits injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the specific rules of your state and carefully review your case timeline to avoid administrative errors which could cause delays to your claim.