10 Undeniable Reasons People Hate Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical practice and results in injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as reasonable and prudent when providing treatment. A patient may be eligible to file a claim for medical malpractice if these standards aren't being met and the failure results in injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person had a legal obligation to act in a reasonable way. You must then prove 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 whether the defendant's actions fell below the accepted standard in your situation. The expert will look over your medical records and interview or cross-check you to make this determination.

You must also prove that the breach directly led to your injury. This is known as causation and it is the third element in a negligence claim. In most cases, you'll require a direct cause & result connection between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction, like a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with care and caution. Doctors are held to a higher standard due to the fact that they are medical experts and make life-or-death decisions. The duty of care is set in the regulations and standards that are situated for specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to perform to the required standard of care for the situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case experts could be required to testify about the standard of care that was not met and the way in which this standard was breached. They can also discuss the reason for the injury and what could be done to stop it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to make an action for damages, the plaintiff has to prove 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 you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary costs by reviewing 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 that you missed from work because of medical problems, and proving that these missed days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and could require the assistance of a professional who can provide evidence of your physical, Medical Malpractice Attorney emotional and mental suffering because of the negligence committed by the defendant. Loss of consortium is another type of non-economic damage. It is the inability to maintain an intimate, sexual relationship with your spouse or other significant individual as you used to. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years from the date that the act or omission of a medical professional caused the injury or death. As with all laws this rule is not without exceptions. If, for example, the error committed by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months won't start until the treatment is completed or medical Malpractice Attorney the patient has been informed of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is found inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In this regard, a majority of states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain situations. Your attorney will be aware specific rules in your state and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.