Why You Need a Medical Malpractice Lawyer

A hawthorn woods medical malpractice attorney malpractice lawyer assists injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor is not following the accepted medical norms and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in their medical care. A patient could be eligible to file a claim for medical malpractice if the standards aren't followed and the breach causes injuries or health problems.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. Then, you must show the breach of the obligation occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your specific case. The expert will look over your medical records and also interview or question you to determine this.

You should also be able to establish that the breach of duty directly caused you to experience injuries. This is known as causation and Medical Malpractice Lawyer it is the third element of a malpractice claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered and that can 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 exercise diligence and care. However, doctors are held to an even higher standard because they are considered medical experts and are able to make life and death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant owed a duty to care for the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the given circumstance. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use a traffic light.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also provide a detailed explanation of 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 arising from medical negligence. To submit a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer will establish your medically necessary expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you have missed working due to medical complications, and that these days were a result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional pain that is a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories, depositions, and requests for documents and medical malpractice lawyer statements under swearing.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines that are set by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission by the health professional resulted in the injury or death. However, as with all laws, there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not start until that course of treatment is complete or the patient becomes aware of the diagnosis.

In some instances for instance, when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have enacted the legal concept known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your lawyer will be aware of the specific laws in your state and carefully examine your case's timeline to ensure that there are no administrative mistakes which could cause delays to your claim.