Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive 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 webster city medical malpractice law firm practices and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If those standards are not followed and if they cause injury or health complications the patient could be able to bring a medical malpractice lawsuit.

The first step in 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 with reasonable care. Then, you need to prove that the breach of this duty occurred. This is typically done with 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 fell below the accepted standard of care in your particular circumstance. The expert will look over your medical records and interview or cross-check you to make this decision.

It is also necessary to establish that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element of a malpractice claim. In most cases you will need a direct cause and result connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered and in turn causes an adverse reaction like heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise care and prudence. However doctors are held to an even more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it needs to be proven that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care for the situation. The standard of care is usually defined by what an average person would do under similar circumstances. For example, a prudent driver would not stop at a red light.

In a malpractice case expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also explain how the injury was caused and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any loss that may result due to medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York port St lucie Medical malpractice attorney malpractice attorney will argue for your losses. Your attorney can prove your medically necessary expenses through a review your medical records, evidence from experts and the assistance of economic experts. For your loss of earnings the medical malpractice lawyer has to establish the number of days you missed work due to medical complications and the fact that these days off work resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of a professional witness who can detail your mental, physical, and emotional pain that is direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions and demands for documents and declarations under oath.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines, and will ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must bring a suit within two and a half years from the date the act or omission of medical professionals caused the death or huenhue.net injury. As with all laws this law is not without exceptions. If, for instance, the error committed by the health professional was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases the patient may not realize the problem until quite a while later, for example the case where a foreign body remains within the body after surgery or treatment. To deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be well-versed in the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration which could delay your claims.