How To Create An Awesome Instagram Video About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when providing healthcare. A patient could be legally able to bring a lawsuit for medical malpractice attorneys malpractice if these standards aren't followed and the result is injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act with reasonable care. You must then prove that the breach occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will need to review your medical records, and then interview or testify against you in order to determine this.

It is also necessary to prove that the breach of duty directly caused the injuries. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you will require a direct cause-and- result connection between the breach of duty and the resulting injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being given. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all people, have a legal duty to act with reasonable care and prudence. Doctors are held to higher standards, medical malpractice attorney however, because they are medical experts who make life-or-death decisions. The duty of care is set in the regulations and standards that apply to certain kinds of treatments and procedures.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. For instance, a prudent driver would not stop at the red light.

In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was not met and the manner in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could be done to stop it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to bring a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to prove your medically necessary expenses through a thorough review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work due your medical conditions, and also that these days resulted from the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date on which the act or omission of a healthcare professional caused the injury or death. However as with all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is completed or until the patient learns about the diagnosis.

In certain instances the patient may not realize the problem until quite a while later, for example when a foreign object is left within the body after surgery or treatment. To address this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific rules in your state, and will carefully look over your case's timeline in order to avoid administrative errors that can derail your claim.