Medical Malpractice Law

Medical malpractice is when a healthcare professional fails to follow the accepted standards of care. Not all medical malpractice is legally compensable.

A physician is obliged to provide reasonable care and skills when treating his patients. Medical malpractice lawsuits that claim a failure to exercise reasonable care and skill can be stressful for doctors.

Duty of Care

When a physician treats patients, it is his or their responsibility to treat the patient in conformity with the medical standard of care. This is defined as the amount of care and knowledge that a trained doctor in the doctor's specialty would offer under similar circumstances. A violation of this duty is considered medical malpractice.

To prove that a physician did not fulfill his or her obligation the patient suffering from injury must demonstrate that a doctor didn't meet the standard of care when treating him or her. The patient must also prove that this breach directly contributed to his or her injury. The test of proof is less demanding than the "beyond a reasonable doubt" required for convictions in criminal matters. It is referred to as the preponderance standard.

In addition, the patient who was injured must prove that suffered losses due to the negligence of the doctor. Damages could include past and future medical bills, lost income, suffering and loss of consortium.

Medical malpractice lawsuits require significant time and resources to pursue. It could take years to settle these claims through legal discovery and negotiations. In the end the pursuit of these cases requires the involvement of both doctors and their attorneys. Some plaintiffs have to pay for expert witness testimony, and the cost of trial can be expensive.

Causation

If you're looking to bring a medical malpractice lawsuit, it's essential that your Rochester hospital malpractice lawyer prove that the defendant breached his or her duty of care, but also that the breach caused you to suffer. Otherwise, your case won't be successful, no matter the amount of evidence you have against the doctor.

Proving causation in a medical malpractice case can be more difficult than it would be in other types of cases like a motor vehicle crash. In an automobile crash it's usually easy to prove that Jack's actions directly contributed to Tina's injuries in the form of property damage and physical suffering and pain. In medical negligence cases, however, it's often necessary to provide expert medical malpractice attorneys evidence to prove that the alleged breach of duty was the primary and most direct cause of your injury.

This is also referred to as the "proximate cause" requirement, which means that the defendant's act or omission has to be the primary cause of your injury and not be the result of a different underlying cause. This can be difficult since, in many instances, there are multiple causes for your injury that happen at the same time. For instance, an accident could be caused by an obscenely large truck, or a bad road design. The expert medical witness will have to determine which of these causes caused your injuries.

Damages

If a physician or other health professional fails to fulfill their duty to treat a patient in accordance with the accepted standards of care within the medical field, and this causes an injury, illness, or condition worsening, it's deemed medical malpractice. The injured patient may then be entitled to recover damages for their injury, which may include loss of income, expenses, pain and suffering, loss of enjoyment of life and other non-economic and economic expenses.

The law is governed by a doctrine called "res-ipsa-loquitur," which is Latin for "the thing itself speaks." In some instances, medical malpractice is so obvious and flagrant that it is obvious to anyone who is rational. For instance, a doctor is operating on a patient, and then places a clamp within the body of the patient or a surgeon cuts off the vein that was not intended to be cut. These cases are difficult to win since the jury must bridge a gap between their common knowledge and the specialized expertise and knowledge required to decide if the defendant was negligent.

Like other legal claims there is a set timeframe within which one must bring an action for medical malpractice. This is known as the statute of limitations. The statute of limitation is activated by the time that the plaintiff learns or is made aware that they have suffered injury due to alleged medical negligence.

Representation

In the United States medical malpractice claims are usually resolved by state trial courts. The legal authority for these cases differs from one jurisdiction to the next. To prevail in a lawsuit, the patient must prove that the negligence of a doctor caused injury or death. This requires establishing four factors or legal requirements, such as the duty of a doctor to care and breach of this duty; a causal relationship between the negligence alleged and injury; and the existence of the financial damages that result from the injury.

If a patient claims that a physician has committed negligence the lawsuit may require a long period of discovery. This involves the exchange of documents, written interrogatories as well as depositions. The depositions of doctors and other witnesses are formal proceedings wherein they are questioned under oath, by the opposing counsel and recorded to be used in the court at a later date.

Due to the complexity and complexities of the medical malpractice law, you should consult with a New York malpractice attorney who can explain both the law and your particular case. It is also important that your lawyer file your claim within the time frame of limitations. The statute of limitations varies from one jurisdiction to jurisdiction. In the absence of this, it will make it impossible for you to receive the money you are entitled to. You will also be prevented from claiming punitive damages. These are reserved by the courts to punish particularly severe actions that society is determined to penalize.