Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must follow an ethical standard when treating their patients. If a physician does not follow the accepted medical practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their healthcare. A patient could be legally able to bring a lawsuit for broadview heights medical malpractice law firm malpractice if the standards aren't met and the failure causes injury or health complications.

The first thing to do 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, you have to prove that a breach of that obligation occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in the particular case. To allow the expert to arrive at this conclusion, they will need to be able to review your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example can result in the wrong medication being prescribed or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard since they are medical experts and deal with life and death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The quality of care is usually defined by what an average person would do under the same situation. For instance an honest driver would not speed through the red light.

In a malpractice case, expert witnesses may be required to testify about the standard of care that was violated and the manner in which this standard was violated. They can also explain how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result due to medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer should also demonstrate the number of days you were absent from work due to medical complications and the fact that these missed work days were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who can give evidence about your physical, emotional, and mental pain due to the infractions committed by the defendant. Loss of consortium is another type of non-economic injury. This is the inability to have a loving, sexual relationship with your spouse or any other significant person like you once did. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under oath.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed before the deadlines established by law.

In most cases, the victim of phoenix medical malpractice attorney negligence has to be able to file a lawsuit within two and a half years from the time the act or omission made by the health professional caused the death or injury. However, as with all laws there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

Additionally, in certain instances, such as when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. This is why many states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will be aware of the rules of your state and will go over your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.