Write About Everything

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is not following the accepted medical norms and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as reasonable and prudent when providing care. If those standards are not met and that failure causes injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. Then, you need to prove that the breach of this obligation occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant’s actions were below the standard of care in your particular case. To enable the expert to make this decision, they will need to be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly caused you to experience injury. Causation is a third element in a claim for malpractice. In most instances, you’ll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered, which results in an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise care and prudence. However doctors are held to a more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care is defined in the rules and regulations that govern specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. For Vimeo example, a reasonable driver would not run an intersection with a red light.

In a malpractice case expert witnesses could be required to testify regarding the standard of care violated and the manner in which this standard was breached. They can also describe how the injury occurred and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such portage medical malpractice lawyer expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can establish your medically necessary expenses through a review of your medical records, testimony from experts and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer should also prove the number of days you were away from work due to your medical condition and also the fact that these absences were due to the defendant’s negligence.

Non-economic losses are more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional, and mental suffering because of the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The defendant’s attorney will challenge the non-economic damages you suffer through depositions, interrogatories, and demands for documents and declarations under oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed by the deadlines established by law.

In most instances, the victim of medical malpractice must make a claim within two and a half years of the date when the act or omission of a doctor or other health professional resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. If, for instance the error committed by the health care provider was a part of a continual course of treatment, the “clock” of 30 months cannot begin until the treatment is completed or the patient has been informed of the diagnosis.

In some cases, a patient may not realize the problem until quite a while later for instance, if a foreign body remains in the body following surgery or treatment. Because of this, many states have adopted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain situations. Your attorney will be aware of the rules of your state and will scrutinize your case’s timeline carefully to avoid administrative mistakes that could cause delays to your claim.