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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician does not follow the accepted medical norms and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

spartanburg medical malpractice attorney professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in their care. When those standards are not met and that failure causes injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

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

An expert witness can determine whether the defendant’s actions are less than the accepted standard in your situation. The expert will examine your medical records and interview or cross-check you in order to make this determination.

You should also be able to establish that the breach of duty caused the injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis, for example, could lead to prescribing the wrong medicine or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with diligence and care. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The duty of care is found in the regulations and laws for specific kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant had a duty to care for the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance would not use a traffic light.

In a case of malpractice experts could be required to provide evidence on the standard of care that was violated and how this standard was violated. They can also explain the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work because of medical conditions, and also that these missed days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental and emotional distress as directly resulting from the defendant’s negligence. Loss of consortium is a second type of non-economic harm. This is the inability to have a romantic, sexual connection with your spouse, or any other significant individual as you once did. The defendant’s attorney will challenge your non-economic losses through a process of interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York south salt lake medical malpractice lawsuit malpractice attorney who is skilled will be familiar with the nuances of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission by an health professional resulted in death or injury. Like all laws, this law is not without exceptions. If, for instance the error of the health care provider was part of a continuing treatment plan, then the “clock” of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. In this regard, a majority of states have adopted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the rules of your state and will review your case’s timeline carefully to avoid mistakes in the administration that could impede your claim.