Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. A patient might be eligible to file a claim for medical malpractice if those standards aren't followed and the failure results in injury or health complications.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was bound to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. 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. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a higher standard because they are medical experts and have to make life and death decisions. The obligation of care can be found in laws and standards for certain types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant was bound by a duty to care for the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standard of care in the given circumstance. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for example will not go through the traffic light.

In a malpractice case experts may be required to testify about 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.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to bring an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how your New York allentown medical malpractice lawsuit malpractice lawyer presents the case for your losses. Your lawyer will determine your medically required expenses through a thorough review of your monahans medical malpractice lawyer records, testimony from experts, and the use of economic experts. For your loss of earnings the medical malpractice lawyer has to show the number of times you were away from work because of your medical conditions and the fact that these absences resulted from the defendant's negligence.

Non-economic damages 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 distress as a result of the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories, depositions, along with requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise 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 within 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 from the date on which the act or omission of a doctor or other health professional resulted in the death or injury. As with all laws this law is not without exceptions. If, for instance the error of the health professional was part of a continuing treatment plan, then the "clock" of 30 months won't 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 discover the problem until a considerable time later, for example in the event that a foreign substance is left within the body after surgery or treatment. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules of your state and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.