Medical Malpractice Lawyers

Medical malpractice lawyers specialize in cases involving injuries suffered by patients under the supervision of doctors or other health care professionals. These claims typically involve failures to recognize or treat a medical condition, as well as birth injuries.

A medical malpractice case that is a viable one requires a few elements to be established. Particularly, there must be a clear link between the incident of the alleged breach and the injury suffered by the patient.

Duty of care

The duties of care are the legal obligations that individuals have to be considerate of one another. These obligations are based on the situation and the context in which someone performs their duties. For example the daycare or school has a duty of care to ensure children are safe on the premises. A doctor is bound by an obligation of care to patients based on medical professional standards. Accidents can happen when a physician fails to meet their duty of care. The breach of duty is the foundation for almost all personal injury claims that are based on negligence.

In order to win a malpractice case you must prove that a doctor did not fulfill his duty of care. In order to establish that a breach of duty occurred, you must first establish there was a doctor-patient connection. This is typically done by reviewing medical records.

The next step is to establish that the doctor's actions did not meet the standards of care that they were given for their situation. Expert testimony is often used to show this. For instance, a professional might testify that a surgeon was negligent by operating on a body part that was not intended for operation or removing surgical instruments from the body of a patient.

It is also important to establish that a breach in duty caused the injury to the patient. This is known as causation. Medical malpractice would be considered an instance of this, for instance, if a doctor missed a diagnostic and it led to an infection or death.

Breach of duty

A duty of care is a responsibility that exists in certain relationships between people, for instance between doctors and their patients. When a person violates their duty of care, it is considered to be negligence and the person could be held accountable for damages. Medical professionals are required to adhere to an obligation to follow industry standards.

If you've been injured by an act of a physician, your medical malpractice lawyer can assist you seek financial compensation. Your lawyer will have to prove four elements: that the doctor owed you obligations to perform this obligation and that the breach directly led to your injury; and that you were harmed as a result.

Your lawyer will need medical records to prove this and "on the record" interviews with physicians who are accused of being negligent, as well as experts in the field of medicine who can support your claim. This information can be used to construct a case and demonstrate that it's more likely than not that the physician was negligent.

Medical malpractice claims represent an enormous burden on the health care system. They result in direct expenses associated with premiums for medical malpractice insurance and indirect costs arising from changing physician behavior in response to the risk of litigation. This has been the catalyst for calls for reforms in torts that includes alternatives to the trial and jury system, that would reduce the cost of malpractice.

Causation

Medical professionals and doctors are legally bound to provide medical care in line with certain standards. Patients who suffer from malpractice can sue a doctor who deviates from the norm and causes them to suffer injury. Plaintiffs must prove that the doctor breached their duty by proving the injuries they sustained could not have occurred had the doctor had followed the correct procedure. This requires expert testimony, which is usually provided by a medical expert who has the right expertise for the particular case.

A victim of medical malpractice must also prove, through "preponderance" of the evidence that the defendant's actions or omissions are responsible for the injury. This standard of proof is lower than the "beyond a reasonable doubt" standard that is required in criminal cases.

If you have been injured due to medical negligence you may be entitled to compensation for future and past medical expenses, lost income due to the injury or disability you suffered, as well for mental suffering, pain and suffering. Medical malpractice lawsuits can be complex and expensive. Your attorney should examine your case to determine if it contains the essential elements to prevail. He or she should also discuss the possibility of recovery with you and explain the procedure to help you understand if you have a valid claim.

Damages

A hospital or doctor is legally liable for medical malpractice if it goes against the accepted standard of treatment. This is a legal requirement that all physicians are expected to follow in their treatment of patients. The standards of care are built on the best practices within the medical community.

To be able to claim damages in order to be successful in claiming damages, your New York malpractice attorney will have to prove that a doctor violated their duty to care by not treating you in accordance to acceptable medical standards and that the actions caused injury or harm to you. Your lawyer will be able to establish elements of negligence by examining your medical records, conducting on the record depositions or interviews, and collaborating with medical professionals.

Malpractice claims are among the most difficult personal injury cases. They may involve large medical corporations and their insurance companies, making difficult to pursue without the help of an experienced attorney.

The statutes of limitations for filing a malpractice suit vary by state, but generally, you must have your attorney bring the suit within two and a half years from the date of your last visit to the medical professional you are accusing of medical malpractice. Certain states require that you submit your claim to a review board prior to filing a suit. These reviews are designed to provide a first step prior to judicial review of claims.