Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is not following the accepted medical standard and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as being reasonable and prudent when they provide healthcare. If these standards aren't followed and if they cause injury or health complications patients may be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person owed you a duty to act in a reasonable manner. Then, you have to prove that the breach of that duty occurred. This is typically done using expert testimony that can provide an objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your case. The expert will examine your medical records and then interview or testify against you to make this determination.

It is also necessary to establish that the breach of duty directly led you to suffer injury. Causation is the third factor in a claim for malpractice. In most cases you will require a direct cause-and- result connection between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and could result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to exercise reasonable care and prudence. Doctors are held to an even higher standard, however, because they are medical experts and make life-or-death decisions. The duty of care is set in the law and standards that apply to certain types of procedures and treatments.

In a case of negligence, it is vital to prove that the defendant had the duty of care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically determined by what a typical person would do under similar circumstances. A reasonable driver, for instance will not go through a traffic light.

In a lawsuit involving a malpractice experts may be required to testify about the standard of care that was violated and how this standard was breached. They can also discuss the cause of the injury and medical malpractice lawsuit what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from navasota medical malpractice attorney negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer has to establish the number of days you were off work due to your medical conditions and the fact that these missed work days were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the help of a professional who can be able to testify about your physical, emotional, and mental pain due to the negligence committed by the defendant. Loss in consortium is another type of non-economic harm. It is the inability of having an intimate relationship with your spouse or other significant person in the same way you once did. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and medical malpractice lawsuit also requests for documents and sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed before the deadlines set by law.

In most cases, the victim of medical negligence is required to bring a suit within two and a half years from the time the act or omission made by medical professionals resulted in injury or death. As with all laws this rule is not without exceptions. If, for instance the error made by the health care provider was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.

In certain instances, a patient may not be aware of the issue until a long time later for instance in the event that a foreign substance remains in the body following surgery or treatment. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is familiar with the laws of your state and will go over your case's timeline carefully to avoid administrative errors which could delay your claims.