15 Reasons You Shouldn’t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must observe an ethical standard when treating their patients. If a physician violates accepted medical procedures and results in death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in providing Independence medical malpractice attorney care. If those standards are not met and that failure causes injury or health complications patients may be able to bring a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. Then, you must show that the breach of this obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness can help determine whether the defendant’s actions are less than the accepted standard in your case. The expert will examine your medical records and interview or cross-check you in order to make this determination.

You also need to establish that the breach of duty directly led you to experience injury. This is known as causation, and it is the third requirement of a negligence claim. In most instances, you’ll need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for instance can result in prescribing the wrong medicine or treatment being administered. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a obligation to behave with reasonable care and caution. However, doctors are held to a higher standard because they are considered medical experts and are able to make life and death decisions. The obligation of care can be found in laws and standards for certain types of treatments and procedures.

In a case of negligence it is vital to prove that the defendant owed a duty to care for the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for example would not operate a traffic light.

In a malpractice case, experts are usually needed to testify about the standards of care and the manner in which it was breached. They can also explain the reason for the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney will be able to establish your medically necessary expenses through a review of your medical records, testimony from experts and the use of economic experts. Your san pablo medical malpractice lawyer malpractice attorney must prove your lost earnings by proving the number of days you have missed from work due to medical problems, and proving the fact that these days were due to the defendant’s negligence.

Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, mental and emotional suffering as an direct result of defendant’s negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The defendant’s attorney will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for documents and evidence under oath.

Statute of limitations

In New York, as with every state, there are certain time limits – commonly known as statutes or limitations within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission made by medical professionals caused injury or death. As with all laws, this one is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month legal “clock” will not begin until that course of treatment is completed or when the patient learns about the diagnosis.

In some cases, a patient may not discover the problem until a long time later for instance when a foreign object remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws of your state and will look over your case’s timeline in order to avoid administrative errors that can derail your claim.