Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get 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 physician violates accepted medical practice and results in injury or death, Medical malpractice attorney then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent when providing healthcare. If the standards aren't met and that failure causes injuries or health problems, a patient may have grounds to file a medical malpractice law firms malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act reasonably. You must then prove the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.

This expert witness will determine if the defendant's actions fall below the standard of care that is accepted in the particular case. The expert will examine your medical records and interview or cross-check you to determine this.

You must also be able to establish that the breach of duty directly caused the injury. Causation is the 3rd element in a malpractice lawsuit. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis, for example one, could result in prescribing the wrong medicine or treatment being administered. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with the utmost care and caution. However doctors are held to a higher standard since they are considered medical experts who make life and death decisions. The duty of care is outlined in the law and standards that apply to certain kinds of treatments and procedures.

One of the first elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable individual would do in the same situation. For example an honest driver would not stop at an intersection with a red light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and how it was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. In order to file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer must demonstrate the number of days you were absent from work due to your medical condition and also the fact that these absences were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability to enjoy a romantic, sexual connection with your spouse or another significant person as you used to. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories, depositions, and requests for documents and statements under oath.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney (have a peek at this site) who is skilled will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years of the date that the act or omission of a health care provider resulted in the death or injury. However, as with all laws there are some exceptions to this rule. If, for instance the error of the health professional was part of a ongoing course of treatment, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until quite a while later, for example, if a foreign body remains in the body following surgery or treatment. To deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will know the specific rules in your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.