How To Create An Awesome Instagram Video About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice law firm malpractice attorney can help injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical norms and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide care. If the standards aren't followed and the result is harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. You then need to prove that the breach occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell less than the accepted standard in your particular case. To enable the expert to make this decision they must be able to examine your medical malpractice lawyers records and conduct an examination or interview with you.

You must also show that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you'll need a direct cause and result relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example, could lead to prescriptions for the wrong drug or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to behave with reasonable care and be cautious. However, doctors are held to a higher standard due to the fact that they are medical experts who make life and death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not meet the standards of care in the given situation. The quality of care is usually defined by what an average person would do in similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care that was breached and the manner in which this standard was violated. They can also discuss what caused the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential losses that might arise from medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish the medically necessary expenses through a review your medical records, evidence from experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer has to demonstrate the number of days you were absent from work due to medical condition and also the fact that these missed work days were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can describe your physical, mental, and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person like you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents and sworn testimony.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court could dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed before the deadlines stipulated by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission committed by medical professionals resulted in death or injury. As with all laws, this one is not without exceptions. If, for example, the error of the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. In this regard, a majority of states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will go over your case timeline carefully to avoid any administrative errors which could delay your claims.