Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor is not following the accepted medical norms and results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being sensible and prudent in providing care. If these standards aren't met and that failure causes injury or health complications the patient may be able to bring a medical malpractice lawyers malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. Then, you need to prove that the breach of this duty occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your case. The expert will need to review your medical records, and also interview or question you to arrive at this conclusion.

You also need to establish that the breach of duty directly caused the injury. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being prescribed and could result in an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, medical malpractice doctors also have an obligation to act with care and caution. However doctors are held to an even higher standard due to the fact that they are considered medical experts and deal with life and death decisions. The responsibility of medical care is described in the rules and regulations that apply to certain types of treatments and procedures.

In a negligence case it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the specific situation. The quality of care is usually determined by what a reasonable person would do in the same situation. For instance, a reasonable driver wouldn't run when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify regarding the standard of care and the way in which it was violated. They can also explain the reason for the accident and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential damages that could result from medical negligence. To submit an action for damages the plaintiff must demonstrate both actual financial losses (such as medical malpractice lawsuits expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice (www.huenhue.net) lawyer defends your losses. Your lawyer will establish your medically necessary expenses by examining your medical records, the testimony of experts, and the use of economic experts. For the loss of your earnings your medical malpractice lawyer should also show the number of times you missed work due to medical condition and also the fact that these absences were the result of the defendant's negligence.

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

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years of the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for instance, the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain situations like when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. In this regard, a majority of states have enacted a legal concept called the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your attorney will know the specific laws in your state, and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.