Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor deviates from the accepted medical standard and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent when providing healthcare. A patient could be able to file a lawsuit against a medical professional if those standards aren't followed and the result is injury or health complications.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach of that duty occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions fell less than the accepted standard in your case. To allow the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview with you.

You must also prove that the breach directly caused your injury. This is known as causation and it is the third component of a malpractice claim. In most cases, you'll need a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance one, could result in prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and with caution. However doctors are held to a higher standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is set in the regulations and standards that apply to certain types of treatments and procedures.

In a negligence case, it is essential to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. A reasonable driver, for instance would not use an intersection at a stoplight.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also provide the cause of the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to make a claim for damages, the plaintiff must prove both actual financial losses (such as Thatcher Medical malpractice attorney 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 is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, testimony from experts and the assistance of economic experts. For the loss of your earnings your wheaton medical malpractice lawyer malpractice lawyer must also establish the number of days you missed work due to medical complications and the fact that these absences were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will testify about your physical, emotional, and mental suffering as a result of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents and sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met prior to a lakeway medical malpractice law firm negligence case can be filed. If not the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and will ensure that your claim is filed before the deadlines set forth by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. Like all laws, this one is not without exceptions. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

In certain instances, a patient may not realize the problem until a considerable time later for instance the case where a foreign body remains in the body following surgery or treatment. In order to solve this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific laws in your state, and will carefully examine your case's timeline to avoid any administrative errors that could delay your claim.