15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice law firms malpractice lawyer helps injured victims get compensation for Medical Malpractice law firms their losses. The common law system governs medical malpractice claims.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor deviates from accepted medical practice and it results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent when providing medical care. When those standards are not followed and if they cause harm or health issues, a patient may be able to sue for medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a fair manner. Then, you need to prove that the breach of this obligation occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the standard of care in your particular case. The expert will look over your medical records and also interview or question you in order to make this decision.

It is also necessary to prove that the breach of duty caused the injuries. This is known as causation, and it is the third requirement of a negligence claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered, which could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. However doctors are held to an even more stringent standard because they are considered medical experts who make life and death decisions. The duty of care is found in laws and standards governing specific kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant owed an obligation to take care of the plaintiff. Then, it must be proved that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For instance, a reasonable driver would not stop at an intersection with a red light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care violated and how the standard was breached. They can also explain the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that may arise from medical negligence. To bring a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony, and medical malpractice law firms consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work because of medical complications, and the reason for these absences were the result of the negligence of the defendant.

The non-economic loss can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional and mental pain because of the negligence committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability of having a loving, sexual relationship with your spouse or other significant person like you once did. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations within which a medical malpractice law firms negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to make a claim within two and a half years of the date when the act or omission of a health care provider resulted in the death or injury. Like all laws, this rule is not without exceptions. If, for instance, the error committed by the health care provider was part of a ongoing course of treatment, 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 instances such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. For this reason, most states have enacted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of specific rules of your state and carefully go over the timeline of your case to avoid any administrative errors that can derail your claim.