11 Creative Methods To Write About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor does not adhere to accepted medical malpractice lawsuits practices and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as reasonable and prudent when they provide care. A patient may be legally able to bring a lawsuit for medical malpractice if those standards aren't met and the breach causes injuries or health problems.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act in a reasonable way. You then need to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. The expert will review your medical records, and interview or examine you to make this decision.

It is also necessary to establish that the breach of duty directly led you to experience injury. Causation is the third element in a malpractice lawsuit. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with diligence and care. However, doctors are held to a higher standard because they are considered medical experts and medical malpractice lawyer are able to make life and death decisions. The duty of care is outlined in laws and standards governing specific types of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is usually determined by what an ordinary person would do under similar situations. For instance, a reasonable driver would not speed through a red light.

In a case of malpractice, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to make an action 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 pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to establish the medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were absent from work due your medical issues, and the reason for these absences resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional pain as an direct result of defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through depositions, interrogatories, and demands for documents and declarations under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court could dismiss it. A seasoned New York medical malpractice lawyer; inquiry, is knowledgeable about these particulars and will ensure that your claim is filed prior to the deadlines established by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date that the act or omission of a health care provider resulted in the death or injury. Like 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 will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain situations, such as when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. Because of this, many states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be familiar with the rules of your state and will examine your case timeline carefully to avoid mistakes in the administration that could cause delays to your claim.