Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as sensible and prudent in providing healthcare. A patient might be in a position to file a lawsuit for medical malpractice if these standards aren't adhered to and the failure causes injuries or health problems.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act reasonably. Then, you have to prove that the breach of this obligation occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

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

You should also be able to establish that the breach of duty caused you to suffer injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being given. This could cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and caution. Doctors are held to a higher standard but because they are tipp city medical malpractice lawyer experts and have the authority to make life-or-death decisions. The obligation of care is defined in the rules and regulations that apply to certain kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant owed a duty to care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is generally determined by what a reasonable individual would do in the situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a case of negligence, experts are often required to testify on the standard of care and the manner in which it was breached. They can also explain how the injury was caused 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 may arise from east hills medical malpractice law firm negligence. To submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medford Medical malpractice lawyer malpractice attorney defends your losses. Your attorney will be able to determine your medically required expenses through a review of your medical records, the testimony of experts and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer should also establish the number of days you were off work due to medical condition and also the fact that these days off work resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional and mental pain due to the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic losses through interrogatories, depositions, and requests for statements and documents 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. Otherwise the court will not dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines that are set by law.

In most instances, the victim of medical malpractice must present a lawsuit within two and a half years of the date at which the act or omission of a health care provider resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until the treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is found inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. This is why many states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will know the specific rules of your state and will carefully go over the timeline of your case to avoid administrative errors which could cause delays to your claim.