15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow the highest standards of care when treating their patients. If a doctor violates accepted medical procedures and causes injury or death, then he 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 reasonable and prudent in their healthcare. When those standards are not met and that failure causes injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your situation. To enable the expert to determine this they must be able review your clinton Medical malpractice law firm records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty caused you to experience injuries. This is known as causation, and it is the third element of a negligence claim. In the majority of cases, you will require a direct cause & result connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and that in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and prudence. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the rules and regulations which are applicable to specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is typically determined by what an ordinary person would do in similar circumstances. For clinton Medical malpractice law firm example the reasonable driver wouldn't run a red light.

In a malpractice case expert witnesses could be required to testify about the standard of care violated and the manner in which this standard was breached. They can also describe how the injury was caused and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to make 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 suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. For your loss of earnings Your medical malpractice lawyer should also demonstrate the number of days you were away from work because of your kissimmee medical malpractice law firm issues and the fact that these missed work days resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental suffering as a result of the negligence committed by the defendant. Loss of consortium is another type of non-economic injury. It is the inability to have a romantic, sexual connection with your spouse or any other significant person like you once did. The defendant's attorney will challenge your non-economic damages through interrogatories, depositions and requests for documents and statements under the oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In most cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission made by an health professional caused the death or injury. As with all laws, this rule has its exceptions. If, for instance, the error committed by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is found in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In order to address this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific rules of your state and will go over the timeline of your case to avoid administrative errors that could impede your claim.