Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors must observe a standard of care in treating their patients. If a doctor does not adhere to the accepted medical standard and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being reasonable and prudent when they provide treatment. Patients may be legally able to bring a lawsuit against a medical professional if those standards aren't met and the failure causes injuries or health complications.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person was obligated to act in a reasonable manner. The next step is to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will need to review your medical records, and also interview or question you in order to make this decision.

It is also necessary to establish that the breach of duty directly led the injury. Causation is the third factor in a claim for malpractice. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong medication or Vimeo treatment being administered and 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 exercise care and prudence. Doctors are held to higher standards, however, because they are medical experts and make life-or-death decisions. The obligation of care is found in laws and standards governing specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice lawsuit experts could be required to testify about the standard of care that was not met and how this standard was breached. They can also discuss what caused the injury and suggest ways to have prevented it from happening.

Damages

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

The amount of compensation received from a successful malpractice lawsuit depends on how your New York hudsonville medical malpractice law firm malpractice lawyer presents the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were away from work because of medical conditions, and also the reason for Vimeo these absences were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can explain your mental, physical, and emotional suffering as directly resulting from the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions and requests for statements and documents under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years of the date on which the act or omission of a health care provider caused the injury or death. As with all laws, this rule has its exceptions. If, for instance, the error of the health professional was part of a continuing course of treatment, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances such as when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. To address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules of your state and will examine your case's timeline to avoid any administrative errors that could delay your claim.