Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical practices and results in death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing healthcare. When those standards are not met and that failure causes injury or health complications, a patient may be able to bring a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act with reasonable care. Then, you must show that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your situation. The expert will need to review your medical records, and interview or cross-check you in order to make this determination.

You must also be able to establish that the breach of duty directly led the injuries. Causation is a third element in a malpractice claim. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance can result in prescriptions for the wrong drug or treatment being administered. This can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to behave with reasonable care and prudence. However doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The obligation of care can be found in laws and standards for specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant had the obligation of taking care of the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice, experts are usually needed to testify about the standard of care and the manner in which it was breached. 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 risk of losses resulting from medical negligence. In order to submit a claim 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 is contingent on how effectively your New York Darby Medical Malpractice Lawsuit malpractice attorney argues for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing experts' testimony, and consulting economic experts. In order to establish your loss of earnings Your san pablo medical malpractice attorney malpractice lawyer should also prove the number of days you missed work because of your medical issues and the fact that the absences resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who will provide evidence of your physical, emotional and mental distress as a result of the negligent actions of the defendant. Loss of consortium is another type of non-economic harm. This is the inability of having a romantic, sexual connection with your spouse or other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions as well as requests for documents and sworn testimony.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court could dismiss the case. 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 set forth by law.

In the majority of cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission of an health professional caused injury or death. However like all laws there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a ongoing course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some cases, a patient may not recognize the problem until a considerable time later, for example, if a foreign body is left within the body after surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware of specific laws of your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes that can derail your claim.