Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must follow the highest standards of care when treating their patients. If a physician does not follow the accepted medical norms and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when they provide care. A patient might be eligible to file a claim for medical malpractice if those standards aren't being met and the failure results in injuries or health complications.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity had a legal obligation to act with reasonable care. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular case. To allow the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases you will need a direct cause and result connection between the breach of duties and the subsequent injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This could cause a negative reaction such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to an elevated standard but because they are medical experts who make life-or-death decisions. The duty of care is found in laws and standards governing 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. It must be established that the defendant violated this obligation of care. This means that the doctor did not perform to the required standard of care for the situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance would not use an intersection at a stoplight.

In a malpractice lawsuit expert witnesses could be required to provide evidence on the standard of care violated and how the standard was breached. They can also provide the reason for the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can prove your medically necessary expenses through a review of your butler medical malpractice attorney records, testimony from experts and the use of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also prove the number of days you were away from work because of your Clayton medical malpractice Lawsuit issues and the fact that these absences were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental pain because of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories and depositions as well as requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the error made by the health professional was part of a continuous treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain situations, such as when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. To address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid mistakes in the administration which could delay your claims.