Why You Need a Medical Malpractice Lawyer (Vimeo.Com)

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

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical practices and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent in providing medical care. If these standards aren't adhered to and the failure results in injuries or health problems the patient could be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and medical malpractice lawyer that the entity or person owed you a duty to act reasonably. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your particular case. To allow the expert to make this determination they must be able to review your florence medical malpractice law firm records and medical malpractice lawyer conduct an examination or interview of you.

It is also necessary to prove that the breach of duty directly caused the injury. This is known as causation, and it is the third component of a malpractice claim. In most cases you will require a direct cause-and- effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance can result in the wrong medication being prescribed or treatment being administered. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and are able to make life and death decisions. The responsibility of medical care is described in the regulations and standards that govern specific types of treatments and procedures.

One of the most important elements that must be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is typically determined by what a typical person would do under similar situations. For instance, a reasonable driver would not run a red light.

In a case of malpractice expert witnesses could be required to testify about the standard of care violated and how the standard was violated. They can also provide the cause of the injury and what could have prevented it from happening.

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 medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work due your medical problems, and proving the fact that these days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can explain your mental, physical, and emotional distress as an direct result of defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The defendant's attorney will challenge your non-economic losses through interrogatories, depositions and requests for documents and evidence under swearing.

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 else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed prior to the deadlines established by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date at which the negligence or act of a healthcare professional resulted in the death or injury. As with all laws this rule has its exceptions. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or the patient learns about the diagnosis.

In some instances for instance, when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. In this regard, a majority of states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your lawyer will be aware of the specific rules in your state and will carefully look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.