The Biggest Problem With Medical Malpractice Law, And How You Can Solve It

Why You Need a Medical Malpractice Lawyer

A medical malpractice Law firm malpractice lawyer aids injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor deviates from the accepted medical practices and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing treatment. If the standards aren't followed and if they cause harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was obligated to act with reasonable care. Then, you need to prove that a breach of that duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion they must be able to look over your medical records and medical malpractice law firm conduct an examination or interview with you.

You must be able to demonstrate 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 need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and could result in an adverse reaction like heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and prudence. Doctors are held to an elevated standard however, since they are medical experts and can make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific kinds of treatments and procedures.

One of the first things that needs to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in the given circumstance. The standard of care is usually determined by what a normal person would do under similar circumstances. A reasonable driver, for example would not use an intersection at a stoplight.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also describe the cause of the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To bring a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer must demonstrate the number of days you missed work due to your medical conditions and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can explain your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss in consortium is another type of non-economic damage. It is the inability to maintain a loving, sexual relationship with your spouse or another significant person like you once did. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior Medical Malpractice Law Firm to a medical negligence case can be filed. Otherwise the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed by the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission committed by medical professionals caused death or injury. However like all laws there are some exceptions to this rule. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30-month mandatory "clock" will not begin until the treatment is complete or the patient becomes aware of the diagnosis.

In some instances, such as when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In this regard, a majority of states have adopted a legal concept called the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer will be well-versed in the laws of your state and will review the timeline of your case with care to avoid administrative errors which could delay your claims.