Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must adhere to a standard of care in treating their 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 established set of standards that are regarded by the medical profession as reasonable and prudent in their healthcare. A patient may be legally able to bring a lawsuit for medical malpractice if these standards aren't adhered to and the failure causes injuries or health issues.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. Then, Vimeo you have to prove that the breach of this duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fell below the accepted standard of care in the particular case. The expert will examine your medical records and interview or examine you to arrive at this conclusion.

You must be able to show that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In most cases you will require a direct cause and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to higher standards however, since they are medical experts and make life-or-death decisions. The duty of care is set in the regulations and standards which are applicable to specific 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. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example would not operate a traffic light.

In a malpractice case expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also discuss the cause of the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any damages that could result from medical negligence. In order to submit a claim for damages the plaintiff has to prove actual financial losses (such as bogota medical malpractice lawsuit expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you are awarded from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will establish the medically necessary expenses by examining your medical records, evidence from experts and the assistance of economic experts. Your ballwin medical malpractice attorney malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed working due to medical conditions, and also that these days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can provide details of your mental, physical, and emotional suffering as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by interrogatories, depositions, and requests for statements and documents under the oath.

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. If not the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission by medical professionals caused death or injury. However like with all laws there are a few exceptions to this rule. If, for instance the error committed by the health care provider was a part of a continual treatment plan, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. Because of this, many states have adopted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws in your state, and will carefully review your case timeline to avoid administrative errors that can derail your claim.