15 Reasons Why You Shouldn t Be Ignoring Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawsuits malpractice attorney helps injured patients get compensation for Medical Malpractice Law Firms their losses. The legal system that governs medical malpractice cases is built on common law.

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a physician violates accepted medical procedures and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical care. If those standards are not adhered to and the failure results in injury or health complications, a patient may have grounds to file a 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 had a legal obligation to act in a reasonable way. You must then prove the breach occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. To enable the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty caused the injuries. Causation is a third element in a claim for malpractice. In most cases, you'll require a direct cause & result connection between the breach of duties and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medicine or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and with caution. Doctors are held to a higher standard due to the fact that they are medical malpractice law firms experts who make life-or-death decisions. The obligation of care is found in the laws and standards that govern specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this obligation 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 an ordinary person would do under similar situations. For instance an honest driver would not speed through when there is a red light.

In a lawsuit involving a malpractice expert witnesses could be required to testify regarding the standard of care that was violated and how this standard was violated. They can also explain what caused the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to submit a claim for damages the plaintiff must show 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 case is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer will determine your medically required expenses by examining your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you have missed working due to medical problems, and proving that these missed days resulted from the negligence of the defendant.

Non-economic damages can be more difficult to prove and could require the help of a professional who will provide evidence of your physical, emotional, and mental pain due to the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In most cases, medical malpractice law firms the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by a health care provider caused injury or death. However like with all laws, there are a few exceptions to this rule. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is completed or the patient learns of the diagnosis.

Additionally, in some cases such as when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be familiar with the rules of your state and will review the timeline of your case with care to avoid administrative errors that could impede your claim.