Why You Need a Medical Malpractice Lawyer

A saratoga springs medical malpractice law firm malpractice lawyer assists injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following the accepted anniston medical malpractice attorney practices and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing medical care. If the standards aren't followed and if they cause injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. The next step is to prove that the breach of that obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your case. The expert will need to look over your medical records and interview or examine you in order to determine this.

You should also be able to establish that the breach of duty directly led the injuries. Causation is the 3rd element in a claim for malpractice. In the majority of instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example one, could result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to exercise reasonable care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a typical person would do under similar circumstances. For instance an honest driver would not stop at the red light.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also discuss the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such glenpool Medical malpractice lawsuit expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can prove your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days that you missed from work due your medical complications, and the fact that these days resulted from the defendant’s negligence.

The non-economic loss can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, and mental distress as a result of negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages through interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed before the deadlines that are set by law.

In most instances, the victim of medical malpractice must file his or her lawsuit within two and a half years of the date at which the negligence or act of a doctor or other health professional caused the injury or death. As with all laws this rule has its exceptions. For instance, if the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

In certain instances it is possible that a patient will not recognize the problem until a considerable time later for instance the case where a foreign body is left in the body following surgery or treatment. For this reason, most states have adopted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid administrative errors that can derail your claims.