Why You Need a Medical Malpractice Lawyer

A saginaw medical malpractice law firm malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor deviates from the accepted medical practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent when providing healthcare. If the standards aren't met and that failure causes injury or health complications patients may be able to sue for medical malpractice lawsuit.

The first element in a malpractice case is to establish that you were a patient of the healthcare provider and that they were bound to act reasonably. You must then prove the breach occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular circumstance. To enable the expert to arrive at this conclusion they must be able to examine your bay minette medical malpractice attorney records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty directly caused you to experience injuries. Causation is the third element in a claim for malpractice. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and could result in an adverse reaction, like a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise diligence and care. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The responsibility of medical care is described in the laws and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant had the duty of care for the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to meet the standard of care in this particular situation. The quality of care is usually determined by what a normal person would do under similar circumstances. For example, a reasonable driver wouldn't run the red light.

In a malpractice case, experts are often required to testify on 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

In the United States, physicians are required to have malpractice insurance to cover any losses that might arise due to medical negligence. To be able to file a claim the plaintiff will need to prove 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 malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent working due to medical issues, and that these days resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional, and mental pain as a result of the negligence of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories and depositions and also requests for documents and sworn declarations.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court could dismiss the case. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed by the deadlines established by law.

In the majority of cases, victims of medical malpractice must bring a lawsuit within two and a half years of the date on which the negligence or act of a health care provider caused the injury or death. As with all laws this one is not without exceptions. If, for instance, the error committed by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases the patient may not recognize the problem until a long time after, for example, if a foreign body remains within the body after surgery or treatment. Because of this, many states have enacted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your lawyer will be aware of the rules of your state and will examine the timeline of your case carefully to avoid administrative errors that could impede your claim.