Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs carlsbad medical Malpractice lawyer malpractice cases is based on common law.

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor is not following the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing treatment. When those standards are not met and that failure causes injury or health complications the patient could be able to sue for medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you an obligation to act reasonably. You must then prove that the breach occurred. This is usually accomplished by expert testimony 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 specific case. The expert will review your lewisville medical malpractice law firm records, and also interview or question you in order to make this determination.

You also need to establish that the breach of duty directly led the injuries. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and could result in an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards for specific types 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 has to be proven that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is usually defined by what an average person would do in the same situation. For example the reasonable driver would not speed through a red light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also discuss how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that may arise due to medical negligence. In order 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 are awarded from a successful malpractice suit is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you have missed from work due to medical complications, and the reason for these absences were a result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who will be able to testify about your physical, emotional and mental distress because of the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories, depositions and demands for documents and declarations under the oath.

Statute of limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. An experienced New York saginaw medical malpractice attorney malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines that are set by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission by an health professional resulted in death or injury. As with all laws, this rule has its exceptions. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required "clock" will not start until that course of treatment is completed or when the patient learns of the diagnosis.

In some instances, a patient may not discover the problem until a long time later for instance the case where a foreign body is left in the body following surgery or treatment. To address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the laws of your state and will go over the timeline of your case carefully to avoid administrative mistakes which could delay your claims.