Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors must adhere to a standard of care in treating their patients. If a physician does not follow the accepted medical standard and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when providing treatment. If those standards are not followed and the result is injuries or health issues patients may be able to bring a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fall below the standard of care that is accepted in the particular case. To allow the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly led you to suffer injuries. Causation is the third element in a malpractice lawsuit. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered, which could result in an adverse reaction, like a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. However, doctors are held to a higher standard because they are considered experts in medicine who make life and death decisions. The obligation of care is found in laws and standards for specific types of treatments and procedures.

One of the first things that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what a typical person would do under the same situation. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice case expert witnesses are typically required to testify about the standards of care and how it was violated. They can also explain what caused the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To file an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your lawyer will establish your medically necessary expenses through a review your greeneville medical malpractice law firm records, evidence from experts and the use of economic experts. Your white bear lake medical malpractice lawsuit malpractice attorney must prove the loss of your earnings by proving the number of days that you missed from work because of medical problems, and proving that these days resulted from the negligence of the defendant.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability of having a loving, sexual relationship with your spouse or another significant person in the same way you once did. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions, and demands for documents and declarations under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court could dismiss it. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed within the deadlines established by law.

In the majority of cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission made by medical professionals resulted in death or injury. However as with all laws, there are a few exceptions to this rule. If, for instance, the error made by the health professional was a part of a continual course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

In some cases, a patient may not recognize the problem until quite a while later, for example the case where a foreign body is left in the body following surgery or treatment. For this reason, most states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will review your case timeline carefully to avoid any administrative errors which could delay your claims.