Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when providing treatment. When those standards are not followed and the result is injuries or health problems the patient could be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity owed you a duty to act in a reasonable manner. Then, you must show the breach of the duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

The expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. In order for the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and that results in an adverse reaction like a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal duty to act with reasonable care and caution. Doctors are held to higher standards however, since they are medical experts and can make life-or-death decisions. The obligation of care is outlined in laws and standards for specific types 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 care to 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 quality of care is usually determined by what a typical person would do under similar circumstances. For instance, a reasonable driver would not stop at the red light.

In a malpractice case experts could be required to provide evidence on the standard of care that was violated and how this standard was breached. They can also describe the reason behind the injury and explain how they 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 long beach medical malpractice lawyer negligence. To bring an action for damages the plaintiff must show actual financial losses (such as santa Monica medical Malpractice Lawyer expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also show the number of times you were off work due to medical condition and also the fact that these absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will provide evidence of your physical, emotional and mental suffering as a result of the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did 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 declarations.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date that the negligence or act of a health care provider caused the injury or death. Like all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a ongoing course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances, such as when a foreign object is found within the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. To address this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is aware of the rules of your state and will examine the timeline of your case carefully to avoid administrative errors that could impede your claim.