Why You Need a Suamico Medical Malpractice Law Firm Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors must observe an ethical standard when treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being reasonable and prudent when they provide treatment. If those standards are not adhered to and the failure results in injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. Then, you have to prove that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. In order for the expert to make this decision, they will need to be able to look over your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty caused you to experience injuries. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example may result in prescriptions for the wrong drug or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like all individuals, have a legal obligation to conduct themselves with reasonable care and be cautious. Doctors are held to an even higher standard due to the fact that they are madisonville medical malpractice lawsuit experts and can make life-or-death decisions. The duty of care is outlined in the laws and standards which are applicable to specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance would not use an intersection at a stoplight.

In a case of negligence, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also explain the cause of the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to make a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days that you missed working due to medical conditions, and also that these missed days were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional, and mental pain as a result of the negligence of the defendant. Loss of consortium is a different type of non-economic damage. It is the inability of having a loving, sexual relationship with your spouse or other significant person in the same way you used to. The lawyer representing the defendant will contest your non-economic damages 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's a set of time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and will ensure that your claim is filed before the deadlines specified by law.

In the majority of 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 of a health care provider resulted in the injury or death. As with all laws this rule is not without exceptions. If, for instance the error committed by the health professional was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances like when a foreign object is found in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. Because of this, many states have enacted an idea of law known as the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will examine the timeline of your case with care to avoid administrative errors that could cause delays to your claim.