Why You Need a Medical Malpractice Lawyer

A ossining medical malpractice attorney malpractice lawyer helps injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

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

Duty of Care

lancaster medical malpractice lawsuit professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent when providing treatment. A patient could be able to file a lawsuit for medical malpractice if the standards aren't followed and the failure results in injuries or health issues.

The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness can determine whether the defendant's actions were below the standard of care in your situation. The expert will need to examine your medical records and interview or cross-check you to arrive at this conclusion.

You should also be able to prove that the breach of duty caused the injuries. Causation is a third element in a claim for malpractice. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and that results in an adverse reaction, such as a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that govern specific kinds of treatments and procedures.

One of the first things to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. For instance, a reasonable driver would not run a red light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care violated and how the standard was violated. They can also explain the reason for the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that might arise due to medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York augusta medical malpractice lawyer malpractice attorney will argue for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings your medical malpractice lawyer should also establish the number of days you were absent from work due to your medical complications and the fact that these missed work days were due to the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your mental, physical, and emotional pain as a direct result of the defendant's negligence. Loss in consortium is another kind of non-economic loss. This is the inability to enjoy a loving, sexual relationship with your spouse or another significant person in the same way 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 statements under oath.

Statute of Limitations

In New York, as with every state, there are specific time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed by the deadlines set by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission committed by the health professional resulted in the injury or death. However like with all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in some cases for instance, when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. To address this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the laws of your state and will examine your case's timeline carefully to avoid any administrative errors that could impede your claim.