Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical practices and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing care. When those standards are not followed and if they cause injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. You must then prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in the particular case. In order for the expert to make this determination they must be able to look over your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll require a direct cause & effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with the utmost care and caution. Doctors are held to a higher standard, however, because they are florence medical malpractice lawsuit experts and have the authority to make life-or-death decisions. The duty of care is outlined in the laws and standards that apply to certain types of procedures and treatments.

In a negligence case, it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for instance would not use an intersection at a stoplight.

In a malpractice case, experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also discuss how the injury occurred and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential damages that could result due to medical negligence. In order to submit 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 is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must show the number of times you were away from work due to medical complications and the fact that these missed work days resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional, and mental pain because of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

Like all states, 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 Ada Medical Malpractice Lawsuit malpractice lawyer is well-versed in these details and will make sure that your claim is filed by the deadlines set by law.

In the majority of cases, a victim of medical negligence must bring a suit within two and a half years from the time the act or omission committed by the health professional resulted in death or injury. As with all laws this rule has its exceptions. If, for instance the error committed by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some instances patients may not be aware of the issue until a long time after, for example in the event that a foreign substance remains within the body after surgery or treatment. In this regard, a majority of states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your lawyer will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid any administrative errors that could impede your claim.

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