Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.
In common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor does not adhere to the accepted medical standard and results in an injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to a set standards accepted by the medical industry as reasonable and prudent when they provide care. If these standards aren't adhered to and the failure results in injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.
The first thing to do in a malpractice case is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable manner. The next step is to prove the breach of the duty occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.
The expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular case. The expert will review your medical records, and interview or examine you in order to make this determination.
You must also show that the breach directly caused your injury. This is known as causation, and it is the third component of a negligence claim. In most cases you will require a direct cause & result relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as a heart attack.
Breach of Duty
Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.
One of the most important elements to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. For example, a reasonable driver wouldn't run the red light.
In a case of negligence, expert witnesses are often needed to testify about the standards of care and the way in which it was violated. They can also discuss the reason behind the accident and what could have prevented it.
Damages
Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from
Somerset Medical Malpractice Law Firm negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).
The amount you receive from a successful malpractice suit depends on how well your New York
oelwein medical malpractice attorney malpractice attorney fights for your losses. Your attorney can establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were absent from work due to medical conditions, and also that these missed days resulted from the defendant's negligence.
Non-economic damages can be more difficult to prove and may require the help of a professional who can provide evidence of your physical, emotional, and mental pain as a result of the infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages by a process of depositions, interrogatories, and demands for documents and declarations under swearing.
Statute of Limitations
In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York
orange medical malpractice lawyer malpractice lawyer is aware of these specifics and will ensure that your claim is filed within the deadlines stipulated by law.
In the majority of instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date that the act or omission of a healthcare professional resulted in the death or injury. As with all laws, this law is not without exceptions. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is completed or until the patient learns about the diagnosis.
In some instances the patient may not discover the problem until a long time later, for example, if a foreign body is left in the body following surgery or treatment. In this regard, a majority of states have adopted the legal concept of discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer will be familiar with the laws of your state and will go over your case timeline carefully to avoid any administrative errors that could impede your claim.
