Medical Malpractice Lawyers

Medical malpractice lawyers specialize in cases involving injuries suffered by patients under the supervision of doctors or other health care professionals. These cases often involve failures to recognize or treat a problem, as well as birth injuries.

To establish a medical malpractice claim that is viable it is necessary for a few elements to be proven. Particularly, there must be a clear link between the breach of duty alleged and the patient's injuries.

Duty of care

The legal obligation to exercise care is the duty of care. These obligations are governed by the circumstances and context where an individual performs their actions. A daycare or school, for instance, has a duty to ensure the safety of children who are on its premises. Doctors have the duty of care to patients based on medical professional standards. If a doctor breaches their duty of care, it could result in injuries. The breach of duty is the basis for almost all personal injury claims that involve negligence.

Finding out if a doctor has violated their duty of care is key to winning a malpractice lawsuit. The first step to prove a breach of duty is to establish that the doctor-patient relationship existed. This is usually performed by examining medical records.

The next step is to show that the doctor did not meet the standards of care that they were given for their situation. This is usually demonstrated by expert testimony. An expert might provide evidence, for example that a surgeon was negligent by operating on the incorrect body part or leaving surgical tools inside a patient.

It is also important to establish that a breach in duty caused the patient's injury. This is called causation. For instance, if a doctor missed a diagnosis and it resulted in an infected or dying, that would be considered medical negligence.

Breach of duty

A duty of care is a requirement that is in place in certain relationships between people, such as between doctors and their patients. Negligence of a person can be considered when they fail to fulfill their duty of care. They may also be held liable for damages. Medical professionals have an obligation to follow the standards of their profession.

Your medical malpractice lawyer can assist you in obtaining financial compensation if you've suffered injuries as a result of the actions of an individual doctor. Your lawyer will need to establish four elements: that the doctor owed you an obligation and that they violated this obligation and that the breach led to your injury; and that you suffered injuries as a result.

Your lawyer will need medical records for this and "on the record", interviews with the doctor who is accused of negligence and experts in the medical field that can prove your claim. This information will be used in making a case to prove that the negligence of the doctor was more likely than not.

Medical malpractice claims impose an enormous burden on the health system. Medical malpractice lawsuits result in direct costs for medical malpractice insurance as well as indirect costs as a result of the behavior of doctors in response to litigation threats. This has been the catalyst for calls to reform tort law, and include alternatives to trial and jury systems, to decrease the cost of malpractice.

Causation

Doctors and other medical professionals are legally bound to provide patients with medical care that is in accordance with certain standards. If a physician does not meet the standard and causes a patient to suffer an injury, the victim may file a claim for negligence. To prove that a medical professional breached this obligation and to prove it, the plaintiff must demonstrate that the injury would not have occurred in the event that the doctor had acted correctly. This requires expert testimony, which is typically provided by a medical witness with the appropriate specialization to the case.

A medical malpractice victim must also prove, through "preponderance" of the evidence that the defendant's actions or omissions were the cause of his or her injuries. This standard is less stringent than that required in criminal cases in which "beyond reasonable doubt" is the standard.

If you've suffered an injury by medical malpractice, you may be entitled to compensation for your past and future medical expenses, income loss due to the injury or disability you endured, as well as mental anguish, pain and suffering. Medical malpractice lawsuits are often complicated and costly. Your lawyer should review your case to ensure it has the necessary elements to be successful. They should also discuss your potential recovery with you and explain the procedure to help you determine whether you are entitled to a claim.

Damages

A hospital or doctor may be held legally liable for medical malpractice if they depart from the standards of medical care. All physicians must follow this standard of care when treating patients. The standards of care are based upon the best practices in the medical field.

Your New York malpractice lawyer will have to prove, to be able to claim damages successfully, that the doctor violated his duty of care and failed to treat you according to accepted medical standards. This action caused you harm or injury. Your lawyer will be able to establish the elements of negligence by looking over your medical records as well as conducting depositions, or interviews, and collaborating with medical professionals.

Malpractice claims are among the most difficult personal injury cases. These claims can involve large medical corporations, their insurance companies, and other parties. They can be difficult to pursue without an experienced lawyer.

The time limits for filing a malpractice lawsuit differ from state to state, however, they typically require that your attorney begin the process within two and a half years from the date of your last visit to the medical professional you are accusing of medical malpractice. Certain states require that you submit your claim to a review board prior to filing a suit. These reviews are supposed to be a prelude to the legal review.