How To Create An Awesome Instagram Video About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a physician violates accepted medical practice and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent in their medical care. A patient could be eligible to file a claim for medical malpractice if these standards aren't being met and the failure results in injuries or health problems.

The first element 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 was obligated to act with reasonable care. The next step is to prove the breach of the obligation occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are below the standard of care in your case. The expert will look over your medical records and also interview or question you to make this determination.

You should also be able to establish that the breach of duty directly led you to suffer injuries. Causation is a third element in a malpractice lawsuit. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction, such as a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with care and caution. Doctors are held to higher standards however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care can be found in laws and standards for specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. For instance an honest driver wouldn't run when there is a red light.

In a case of negligence, experts are usually needed to testify regarding 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 from happening.

Damages

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

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent from work due to medical problems, and proving the fact that these days were the result of the negligence of the defendant.

Non-economic damages can be more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional and mental distress due to the infractions committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories and depositions as well as 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 lawsuit can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the act or omission of a medical professional resulted in the death or injury. However as with all laws there are some exceptions to this rule. If, for instance the error of the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not start until the treatment has been completed or the patient is informed of the diagnosis.

In some cases patients may not realize the problem until a long time later, for example the case where a foreign body is left within the body after surgery or treatment. For this reason, most states have adopted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be aware specific rules of your state and will carefully review your case timeline to avoid any administrative errors that could delay your claim.