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 receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a physician violates accepted medical practice and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide care. When those standards are not followed and the result is injury or health complications the patient could have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable way. Then, you need to prove that the breach of this duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions fell below the standard of care in your particular case. In order for the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly caused you to experience injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that could result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with care and prudence. Doctors are held to an elevated standard but because they are medical experts and make life-or-death decisions. The duty of care is outlined in laws and standards governing specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. For instance the reasonable driver would not stop at the red light.

In a malpractice case, experts are usually needed to testify regarding the standard of care and how it was violated. They can also discuss the reason for the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any losses that may arise from medical negligence. To bring 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 suffering and pain).

The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer must also prove the number of days you were off work due to medical complications and the fact that these absences were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental pain as a result of negligence of the defendant. Loss in consortium is another type of non-economic injury. This is the inability of having a loving, sexual relationship with your spouse, or any other significant person like you once did. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories and depositions as well as requests for documents and evidence under oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court will not dismiss it. A New York medical malpractice Law firm malpractice attorney who has experience will be well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines stipulated 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 negligence or act of a health care provider caused the injury or death. As with all laws this rule is not without exceptions. For instance, if the error made by the health care professional was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances patients may not discover the problem until a long time later, for example when a foreign object is left within the body after surgery or medical malpractice Law firm treatment. To deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be well-versed in the laws of your state and will review the timeline of your case with care to avoid any administrative errors that can derail your claims.