Why You Need a Medical Malpractice Lawyer
A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.
In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical procedures and results in injury or death, the doctor could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical profession as being sensible and prudent in providing medical care. A patient could be in a position to file a lawsuit for medical malpractice if these standards aren’t adhered to and the breach causes injury or health complications.
The first thing to do in a malpractice lawsuit is to establish 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 typically done an expert witness that can provide a objective analysis and evaluation.
This expert witness will determine if the defendant’s actions were below the standard of care that is accepted in your particular circumstance. The expert will look over your medical records and Vimeo interview or examine you in order to determine this.
You also need to prove that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you’ll require a direct cause-and- result relationship between the breach of duty and Vimeo the resulting injury. A mistake in diagnosis, for instance one, could result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction, such as a heart attack.
Breach of Duty
Just like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to an elevated standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is found in the regulations and laws for specific kinds of treatments and procedures.
In a negligence case it is crucial to prove that the defendant owed a duty to care for the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance will not go through a traffic light.
In a malpractice case experts may be needed to testify on the standard of care that was not met and how the standard was violated. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To make 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 depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, evidence from experts and the assistance of economic experts. In order to establish your loss of earnings your medical malpractice lawyer has to demonstrate the number of days you were absent from work due to your houston medical malpractice law firm complications and the fact that these absences resulted from the negligence of the defendant.
The non-economic loss can be more difficult to prove and could require the assistance of a professional who can be able to testify about your physical, emotional, and mental pain due to the negligent actions of the defendant. Loss in consortium is another kind of non-economic loss. It is the inability to have an intimate relationship with your spouse or other significant individual as you once did. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories along with requests for documents or sworn statements.
Statute of Limitations
In New York, as with every state, there are certain time limitations – referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed by the deadlines established by law.
In most cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission by a health care provider caused the death or injury. As with all laws this rule is not without exceptions. For instance if the health care provider’s error was part of an ongoing course of treatment, the 30-month mandatory “clock” will not begin until the treatment is completed or until the patient becomes aware 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. In this regard, a majority of states have adopted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific laws in your state and will examine your case’s timeline to avoid any administrative errors that can derail your claim.