Are You Getting The Most Value You Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In common law, doctors are required to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical malpractice law firm practices and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in their treatment. When those standards are not met and that failure causes injuries or health problems, a patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your particular case. The expert will examine your medical records and then interview or testify against you in order to make this decision.

You must also be able to prove that the breach of duty caused you to suffer injuries. Causation is the third factor in a claim for malpractice. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and in turn causes an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, have a legal duty to act with reasonable care and prudence. However, doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The duty of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For example the reasonable driver would not speed through the red light.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care violated and the manner in which this standard was breached. They can also discuss how the injury was caused and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical malpractice lawsuits expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for medical malpractice law firm your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were absent from work due your medical conditions, and also that these days were a result of the negligence of the defendant.

The non-economic loss can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional and mental pain because of the negligence of the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to maintain a loving, sexual relationship with your spouse or any other significant person like you used to. The defendant's attorney will challenge your non-economic damages by a process of depositions, interrogatories, and requests for documents and statements under swearing.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines established by law.

In most cases, a victim of medical malpractice must present a lawsuit within two and a half years from the date that the negligence or act of a health care provider resulted in the death or injury. However like all laws, there are a few exceptions to this rule. For instance when the error by the health professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or until the patient becomes aware of the diagnosis.

In certain instances patients may not realize the problem until a long time after for instance, if a foreign body is left within the body after surgery or treatment. In order to solve this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is well-versed in the laws of your state and will examine the timeline of your case carefully to avoid administrative mistakes that could cause delays to your claim.