Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe the highest standards of care when treating their patients. If a physician violates accepted medical procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being prudent and reasonable in providing medical care. If the standards aren't followed and if they cause injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice case is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are below the standard of care in your situation. To enable the expert to make this determination they must be able to review your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly caused your injury. This is known as causation and it is the third element of a malpractice claim. In most cases, you'll require a direct cause & effect relationship between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to conduct themselves with reasonable care and be cautious. However doctors are held to a higher standard since they are medical experts and are able to make life and death decisions. The duty of care is outlined in laws and standards for specific types of treatment and procedures.

One of the first things to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is usually determined by what an ordinary person would do in the same situation. For instance, a reasonable driver would not speed through when there is a red light.

In a case of negligence, experts are often required to testify about the standards of care and the manner in which it was breached. They can also discuss the cause of the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that might arise due to medical negligence. In order to file a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice law firms (www.gawonsilver.com wrote) malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed working due to medical complications, and that these days resulted from the negligence of the defendant.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will be able to testify about your physical, emotional, and mental pain because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to bring a suit within two and a half years from the date the act or omission by the health professional resulted in death or injury. However, as with all laws there are a few exceptions to this rule. If, for instance, the error committed by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when a foreign object is left within the body following 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 order to deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of the rules of your state and will go over your case timeline carefully to avoid administrative mistakes that could impede your claim.