Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

medical malpractice law firm professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in providing healthcare. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't being met and the breach causes injuries or health issues.

The initial step of a malpractice claim involves establishing 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 manner. The next step is to prove that the breach occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. In order for the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This could cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The duty of care is found in laws and standards for specific types of treatments and procedures.

In a negligence case it is important to establish that the defendant had a duty to care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The quality of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, for example, would not run at a traffic light.

In a malpractice case experts are usually needed to testify about the standards of care and how it was violated. They can also discuss the cause of the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can prove your medically necessary expenses by examining your Medical malpractice Law firms records, testimony from experts, and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed working due to medical problems, and proving the fact that these days resulted from the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental, and emotional suffering as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories along with requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed or Medical Malpractice Law Firms otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by an health professional caused the death or injury. Like all laws, medical malpractice law firms this rule has its exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is completed or until the patient becomes aware of the diagnosis.

In some cases it is possible that a patient will not realize the problem until a considerable time later for instance, if a foreign body remains in the body following surgery or treatment. To tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific laws in your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes which could cause delays to your claim.