Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted cutler bay medical malpractice law firm practices and results in injury or death they could be held liable for negligence.

Duty of Care

greenbrier medical malpractice law firm professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in their care. A patient may be legally able to bring a lawsuit against a medical professional if those standards aren't met and the failure results in injury or health complications.

The first step in 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 way. Then, you have to prove the breach of the obligation occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were less than the accepted standard in your case. The expert will need to examine your medical records and interview or cross-check you in order to determine this.

You must also show that the breach directly led to your injury. Causation is a third element in a malpractice claim. In most cases you will need a direct cause and result connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered and that can result in an adverse reaction, like a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise care and prudence. However doctors are held to an even higher standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is found in the regulations and laws for certain types of treatments and procedures.

One of the most important elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a malpractice case, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also explain the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. To make a claim for damages the plaintiff must prove both actual financial losses (such as medical Malpractice law firm expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation received from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and medical malpractice Law firm collaborating with economic experts. In order to prove your loss of earnings your medical malpractice lawyer should also establish the number of days you missed work due to medical conditions and the fact that these missed work days resulted from the negligence of the defendant.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional and mental suffering because of the negligence of the defendant. Loss of consortium is another type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or other significant person as you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories as well as requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, medical Malpractice Law Firm there's a set of time limitations - referred to as statutes of limitations within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be well-versed in the nuances of these deadlines and ensure that your claim is filed prior to 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 of a health care provider caused the injury or death. As with all laws this law is not without exceptions. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or the patient learns of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a long time after, for example the case where a foreign body remains within the body after surgery or treatment. In order to address this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid administrative mistakes that can derail your claims.