Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical norms and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide care. If those standards are not followed and if they cause injuries or health problems, a patient may be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. You must then prove the breach occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will look over your medical records and interview or examine you in order to make this determination.

You also need to prove that the breach of duty caused you to suffer injuries. Causation is the third factor in a malpractice claim. In most cases you will require a direct cause & result relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example may result in prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to exercise reasonable care and prudence. However doctors are held to a more stringent standard because they are medical experts and have to make life and death decisions. The duty of care is outlined in the regulations and laws for certain types of treatments and procedures.

One of the primary elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example would not operate a traffic light.

In a malpractice case experts are often required to testify on the standard of care and the way in which it was violated. They can also describe the reason for the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any loss that may result due to medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York Bisbee medical malpractice Lawyer malpractice attorney fights for your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. In order to establish your loss of earnings the medical malpractice lawyer should also establish the number of days you missed work due to lynwood medical malpractice attorney complications and the fact that these absences were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can detail your physical, mental, and emotional suffering as direct result of the defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability of having an intimate, sexual relationship with your spouse or any other significant person as you used to. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories, depositions, and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines and ensure that your claim is filed within the deadlines specified by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years of the date that the negligence or act of a healthcare professional caused the injury or death. Like all laws, this rule has its exceptions. If, for instance, the error of the health professional was a part of a continual course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances, such as when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules in your state and carefully review your case timeline to ensure that there are no administrative mistakes which could cause delays to your claim.