How To Create An Awesome Instagram Video About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

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

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing healthcare. A patient may be eligible to file a claim against a medical professional if those standards aren't adhered to and the failure causes injuries or health complications.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act reasonably. Then, you need to prove that a breach of that duty occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. The expert will need to look over your medical records and interview or examine you in order to make this determination.

It is also necessary to prove that the breach of duty caused the injury. Causation is a third element in a malpractice lawsuit. In most cases you will need a direct cause and result connection between the breach of duties and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medicine or treatment being given. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise care and prudence. However doctors are held to a more stringent standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is set in the laws and standards which are applicable to specific types of procedures and treatments.

In a case of negligence it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in this particular situation. The standard of care is typically determined by what a normal person would do in similar situations. For example the reasonable driver would not stop at the red light.

In a malpractice case experts are often required to testify about the standard of care and how it was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To submit an action for damages, the plaintiff has to prove 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 from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you have missed working due to medical complications, and the fact that these days were a result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can detail your physical, mental and emotional pain that is a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or lawsuits significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories, depositions, and requests for lawsuits documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there are certain time limits - commonly 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 knowledgeable will be well-versed in the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines specified by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years from the date when the act or omission of a doctor or other health professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the specific laws of your state and carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.