Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted dunellen medical malpractice attorney practice and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when they provide healthcare. A patient might be able to file a lawsuit for kendallville medical malpractice law firm malpractice if the standards aren't being met and the result is injuries or health complications.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. You then need to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will determine if the defendant's actions fall below the standard of care that is accepted in the particular case. To allow the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

You must also prove that the breach directly caused your injury. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example may result in prescribing the wrong medicine or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to a higher standard, however, because they are medical experts who make life-or-death decisions. The duty of care is outlined in laws and standards for specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant owed the duty of care for the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in the specific circumstance. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for example, would not run a traffic light.

In a malpractice case, experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from Woods Cross Medical Malpractice Attorney negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice case is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were absent from work due to medical complications, and that these days were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your mental, physical, and emotional pain as direct result of the defendant's negligence. Loss of consortium is a different type of non-economic harm. It is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant individual as you once did. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories and depositions as well as requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes or 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 familiar with these nuances and will ensure that your case is filed before the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date that the negligence or act of a health care provider caused the injury or death. As with all laws this rule has its exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not start until that course of treatment is completed or coffeyville medical malpractice lawyer until the patient learns about the diagnosis.

In some instances it is possible that a patient will not discover the problem until a long time later, for example in the event that a foreign substance is left within the body after surgery or treatment. To tackle this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware specific laws in your state and carefully look over your case's timeline in order to avoid administrative errors which could cause delays to your claim.