Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer aids injured patients get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
According to common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practice and results in injury or death, the doctor could be held liable for negligence.
Duty of Care
enid medical malpractice law firm professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent when providing treatment. A patient may be able to file a lawsuit for medical malpractice if those standards aren’t adhered to and the failure results in injuries or health problems.
The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove that the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.
This expert witness can help determine if the defendant’s actions were not in line with the accepted standards in your situation. The expert will examine your medical records and then interview or testify against you to determine this.
You should also be able to prove that the breach of duty directly led you to suffer injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and that in turn causes an adverse reaction, like a heart attack.
Breach of Duty
Like all people, have a legal obligation to conduct themselves with reasonable care and be cautious. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The obligation of care can be found in the laws and standards that govern specific types of treatment and procedures.
One of the most important elements that must be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is typically determined by what an ordinary person would do under similar circumstances. A reasonable driver, for instance would not use the traffic light.
In a malpractice case, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also discuss the cause of the injury and what could have been done to prevent it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to bring a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).
The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your lawyer will determine your medically required expenses by examining your medical records, testimony from experts, and the use of economic experts. For the loss of your earnings Your medical malpractice lawyer must establish the number of days you were absent from work because of your fircrest medical Malpractice lawyer complications and the fact that these missed work days resulted from the negligence of the defendant.
Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional pain as an direct result of defendant’s negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions, and requests for documents and statements under oath.
Statute of Limitations
Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed within the deadlines stipulated by law.
In most instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a healthcare professional resulted in the death or injury. However as with all laws there are a few exceptions to this rule. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month legal “clock” will not start until the treatment is completed or the patient becomes aware of the diagnosis.
In some instances for instance, when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific laws of your state and will carefully review your case timeline to avoid administrative errors that could delay your claim.