15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician violates accepted medical practice and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being prudent and reasonable when providing treatment. If these standards aren't followed and if they cause harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and 133.6.219.42 that the entity or person owed you a duty to act in a reasonable way. Then, you must show the breach of the duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your specific case. In order for the expert to determine this, they will need to be able review your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty caused you to experience injury. This is known as causation, and it is the third component of a negligence claim. In most cases, you will need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with care and prudence. Doctors are held to a higher standard however, since they are whitehall medical malpractice lawsuit experts and have the authority to make life-or-death decisions. The duty of care is outlined in the laws and standards that govern specific types of procedures and treatments.

In a negligence case it is vital to prove that the defendant owed a duty to care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a typical person would do in similar situations. A reasonable driver, for example, would not run a traffic light.

In a malpractice lawsuit expert witnesses could be required to testify about the standard of care that was violated and the way in which this standard was violated. They can also describe the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that might arise due to medical negligence. In order to bring an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you are awarded from a successful malpractice case is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can prove your medically necessary expenses through a thorough review of your medical records, testimony from experts and the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also establish the number of days you were absent from work due to your medical complications and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional, and mental distress because of the infractions committed by the defendant. Loss of consortium is another type of non-economic harm. This is the inability to have a loving, sexual relationship with your spouse or another significant individual as you once did. The defendant's attorney will challenge your non-economic damages by a process of interrogatories, depositions, and Vimeo.Com requests for documents and statements under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must bring a lawsuit within two and a half years from the date when the act or omission of a medical professional resulted in the death or injury. As with all laws, this rule has its exceptions. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in certain situations such as when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. In this regard, a majority of states have adopted the legal concept of discovery rule which permits injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will review your case's timeline carefully to avoid administrative errors which could delay your claims.