Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow the standard of care when treating their patients. If a physician violates accepted medical procedures and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical healthcare. If these standards aren't followed and if they cause injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. You must then prove the breach occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to examine your medical records and interview or cross-check you in order to make this determination.

You must also show that the breach directly caused your injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause & result relationship between the breach of duties and the subsequent injury. A misdiagnosis, for example, could lead to the wrong medication being prescribed or treatment being given. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to conduct themselves with reasonable care and with caution. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The obligation of care can be found in the regulations and laws for certain types of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also describe how the injury occurred and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim, Madisonville Medical malpractice lawsuit the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can determine your medically required expenses by examining your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days you were absent from work because of medical complications, and the fact that these days resulted from the defendant’s negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional, and mental suffering due to the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a Madisonville medical malpractice lawsuit malpractice case can be filed. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed within the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the negligence or act of a health care provider resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or until the patient learns of the diagnosis.

In some instances it is possible that a patient will not realize the problem until a long time after, for example the case where a foreign body remains in the body following surgery or treatment. For this reason, most states have adopted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain situations. Your attorney will be familiar with the laws of your state and will examine your case's timeline carefully to avoid administrative mistakes that could cause delays to your claim.