Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician does not follow the accepted medical norms and results in injury or death or even death, he could be held responsible 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 in providing healthcare. If those standards are not followed and if they cause injury or health complications, a patient may be able to sue for keene medical malpractice attorney malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were less than the accepted standard in your particular case. The expert will need to review your medical records, and then interview or testify against you to determine this.

You also need to establish that the breach of duty directly led you to experience injury. Causation is the third element in a claim for malpractice. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The responsibility of medical care is described in the regulations and standards that govern specific types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it needs to be proved that the defendant violated the 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 person would do in the same situation. For example an honest driver would not run an intersection with a red light.

In a malpractice lawsuit experts could be needed to testify on the standard of care that was violated and the manner in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to file an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York freeport medical malpractice lawyer malpractice attorney defends your losses. Your lawyer will determine your medically required expenses through a review your Lakemoor Medical Malpractice Law Firm records, testimony from experts and the use of economic experts. In order to establish your loss of earnings your medical malpractice lawyer has to show the number of times you were away from work due to medical issues and the fact that these days off work were the result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can detail your physical, mental, and emotional pain that is an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. However like all laws there are some exceptions to this rule. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until the course of treatment is completed or until the patient learns of the diagnosis.

In certain instances, a patient may not recognize the problem until a long time after, for example in the event that a foreign substance remains in the body following surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be aware specific laws in your state and will look over your case's timeline in order to avoid administrative errors that could impede your claim.