Medical Malpractice Lawyers

Medical professionals are legally obliged to adhere to certain standards when treating patients. If your death or injury occurred because of a breach of this obligation you could be entitled to compensation.

The first step is establishing that the doctor or hospital who treated you has a legal obligation. This requires you to examine your medical records and any other documents.

Duty of care

The foundation of modern medical malpractice law is English common law. It is a legal system which was created by decisions of judges and courts rather than executive orders or legislative statutes.

To be successful in a claim for malpractice, the plaintiff's lawyer must prove that the physician or hospital had an obligation of care for the person who was injured. This includes the obligation of following accepted medical standards. This obligation includes the duty to inform patients of the risks associated with a procedure or treatment. In the absence of this, it is a breach of the doctor's duty of care.

Defects in the duty of care are common in medical malpractice cases. However, the injury or damage must have been caused directly by that breach. For instance, a surgeon who does not perform further tests on the basis of the symptoms that are present could be guilty.

Expert testimony can be used by patients to prove that a doctor or health care professional has violated their duty of care. These experts must have the same qualifications, experience and training as the medical professional alleged to have violated their duty of care.

A plaintiff's lawyer must also provide evidence of damages, in addition to expert testimony. This can include medical records, Xrays, and laboratory reports. A medical malpractice lawyer might also hire an independent examiner to evaluate the plaintiff's injuries. These tests can provide a more realistic view of the extent of the injury, and also help the plaintiff's case.

Breach of duty

If a healthcare professional fails to fulfill a legal obligation that is owed to you as a patient and this breach caused injuries or illness, you may be entitled to compensation. It is important to establish that the doctor acted negligently. This isn't easy.

Medical malpractice claims are built on a legal system called common law. It is a system of law based on the rulings of judges and courts, instead of through legislative statutes. This means that each state has its own set of rules on what constitutes medical malpractice, and your lawyer can help you understand those laws in your jurisdiction.

In New York, the law obliges doctors to adhere to a high standard of care when treating patients. This standard is defined by the standard of care that a qualified and reasonable health care professional could provide in similar circumstances. To prove negligence you must first demonstrate that the doctor did not meet the standards of medical care and his inaction caused harm to you.

A violation of the standard of care could take a variety of forms. A surgeon could accidentally cut off the wrong portion of your leg, leaving you with limited mobility or requiring further surgeries to regain function. Your attorney must also demonstrate that the doctor's actions or omissions have directly caused your injuries or health issues. This is called proving causation.

Causation

In medical malpractice cases, the plaintiff has to demonstrate all elements of negligence, including duty, breach, causation and harm. Typically this requires the plaintiff to provide expert testimony proving that the doctor's actions, or inactions, deviated from the norm of care and caused injuries. The defense will then have the opportunity to challenge the expert who was consulted by the plaintiff and contest their conclusions.

A healthcare provider or doctor provider may also employ various defenses to try and avoid liability for medical malpractice. For example, they may argue that the patient's injuries were caused by an unrelated medical condition or other reason outside their control. A knowledgeable New York medical malpractice lawyer will be able to prove that the injury was caused by a medical professional's negligence.

In spite of the defenses that are utilized by doctors, medical malpractice lawyers can assist clients receive fair compensation for their injuries. A substantial settlement or jury award will help pay medical bills, pay for other expenses, and cover the future needs of the patient.

A financial recovery can aid victims in getting back on the right track. While money can't eliminate the pain, suffering and trauma caused by doctor's error, it could help you recover. It is important to make a claim before the applicable statute of limitations expires so that you can protect your rights and have any claims heard by a lawful court.

Damages

Medical negligence is when someone provides substandard care to the patient, which results in injury or worsens the condition. It can be caused by the failure to recognize an injury or illness surgical errors, a failure to diagnose a disease, and more. In some states, patients who suffered from medical malpractice may claim damages in order to obtain compensation.

You must prove four elements in order to win a malpractice case such as a duty of care due to you, a breach of this duty, causation and damages and injury. Your attorney will spend a lot of time examining medical records, conducting on-the record interviews with you and the medical professionals who treated you as well as experts in your case.

Economic awards pay for financial losses, like the costs of any additional corrective treatment and income loss. Your New York medical malpractice lawyer can help you determine the right amount. Non-economic awards, like pain and suffering, are more subjective. It is up to you and your attorney to make an argument convincing that the doctor's error impacted your quality of life.

The legal system that resolves medical malpractice cases can be complicated and long-winded, and it could take months, or years, to obtain the amount of compensation you are entitled to. The results of medical negligence can be devastating for the patient, leaving them with lasting psychological, physical and financial burdens.