Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical practice and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent when providing medical care. If the standards aren't followed and the result is injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions were below the accepted standard of care in your particular situation. In order for 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 establish that the breach directly led to your injury. This is known as causation and it is the third component of a negligence claim. In most cases, you'll require a direct cause & result relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and could result in an adverse reaction, like a heart attack.

Breach of Duty

As with all individuals, have a legal duty to act with reasonable care and prudence. However doctors are held to an even higher standard because they are considered experts in medicine who make life and death decisions. The obligation of care is outlined in the regulations and laws for certain types of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The standard of care is typically determined by what a typical person would do under the same situation. A reasonable driver, for instance would not use at a traffic light.

In a malpractice case, experts are often required to testify about the standard of care and how it was violated. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer must also prove the number of days you were off work due to gridley medical malpractice law firm conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can describe your mental, Vimeo.Com physical, and emotional pain that is a direct result of the defendant's negligence. Loss in consortium is another type of non-economic injury. It is the inability to have a romantic, sexual connection with your spouse, or any other significant person in the same way you used to. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories and depositions as well as requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there are certain time limits - commonly known as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years of the date at which the act or omission of a doctor or other health professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is complete or the patient learns of the diagnosis.

Additionally, in certain situations like when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. To solve this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware specific laws in your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.