Why You Need a Medical Malpractice Lawyer

A ripley medical malpractice law firm malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must follow the standard of care when treating their patients. If a doctor deviates from the accepted medical norms and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing medical care. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't followed and the breach causes injuries or health complications.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness can determine if the defendant's actions were below the standard of care in your situation. 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 be able to show that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require a direct cause & result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered, which in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and prudence. Doctors are held to higher standards however, since they are medical experts and make life-or-death decisions. The duty of care is outlined in the law and standards which are applicable to specific types of procedures and treatments.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is generally determined by what a reasonable individual would do in similar circumstances. For instance an honest driver would not run a red light.

In a case of negligence, experts are often required to testify about the standards of care and the manner in which it was breached. They can also provide the reason behind the injury and suggest ways to have prevented it from happening.

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 will need to demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary expenses by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you were absent working due to medical conditions, and also the reason for these absences were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, mental and emotional pain that is a direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The lawyer representing the defendant will contest your non-economic losses through a process of depositions, interrogatories, Vimeo and requests for documents and statements under oath.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes or limitations within which a thurmont medical malpractice lawyer malpractice lawsuit must be filed, or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed by the deadlines that are set by law.

In the majority of cases, a victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission by the health professional resulted in death or Vimeo injury. Like all laws, this one is not without exceptions. If, for instance, the error made by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

In certain instances patients may not be aware of the issue until quite a while later for instance, if a foreign body is left in the body following surgery or treatment. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the rules of your state and will review your case timeline carefully to avoid administrative mistakes which could delay your claims.