Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

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

Duty of Care

salem medical malpractice Attorney (vimeo.com) professionals must adhere to set standards that are accepted by the medical profession as being sensible and prudent in providing healthcare. If those standards are not adhered to and the failure results in harm or health issues, a patient may be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

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

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 the majority of cases, you'll require a direct cause and result connection between the breach of duty and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise diligence and care. However, doctors are held to a higher standard since they are considered medical experts and are able to make life and death decisions. The duty of care is outlined in the rules and regulations that apply to certain kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant had the duty of care for the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The standard of care is usually defined by what an average person would do under the same circumstances. For instance an honest driver would not speed through a red light.

In a malpractice lawsuit, expert witnesses may be needed to testify on the standard of care violated and the way in which this standard was breached. They can also describe the cause of the injury and explain how they 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. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were away from work because of medical complications, and the reason for these absences were the result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional and mental suffering as a result of infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by a process of depositions, interrogatories, and requests for statements and documents under the oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a flora medical malpractice lawyer negligence case can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission by the health professional resulted in the death or injury. Like all laws, this one is not without exceptions. For instance when the health care provider's error was part of a continuous course of treatment, the 30-month legal "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

In certain instances patients may not realize the problem until a considerable time later for instance when a foreign object remains in the body following surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will know the specific rules in your state, and will carefully go over the timeline of your case to avoid administrative errors that could impede your claim.