15 Reasons Why You Shouldn t Ignore 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 governs Medical malpractice Law firm malpractice cases is based on common law.

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

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when providing care. If these standards aren't followed and if they cause injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. Then, you need to prove that the breach of that obligation occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were less than the accepted standard in your situation. In order for the expert to determine this they must be able to look over your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis for instance, could lead to the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with the utmost care and caution. However doctors are held to an even higher standard due to the fact that they are medical experts and deal with life and death decisions. The duty of care is set in the law and standards that govern specific types of procedures and treatments.

In a negligence case it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in this particular situation. The quality of care is usually defined by what an average person would do under similar circumstances. A reasonable driver, for instance will not go through an intersection at a stoplight.

In a case of malpractice, experts are often required to testify on the standard of care and how it was violated. They can also describe the reason behind the injury and suggest ways to have prevented it.

Damages

In the United States, medical Malpractice Law Firm physicians are required to carry malpractice insurance to cover any potential loss that may result from medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice law firm malpractice attorney defends your losses. Your attorney will establish medically required costs by looking over your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you were away from work due your medical conditions, and also that these missed days were due to 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 an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to maintain a loving, sexual relationship with your spouse or another significant person like you used to. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, as well as requests for documents and sworn statements.

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. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed within the deadlines set by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or Medical Malpractice Law Firm death. However like with all laws there are a few exceptions to this rule. 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 begin until the course of treatment is complete or the patient learns of the diagnosis.

In some instances, such as when the foreign object remains in the body following 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. Because of this, many states have adopted the legal concept of discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your attorney will be aware of specific laws in your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.