Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is not following accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

fowler medical malpractice law Firm professionals must adhere to a set standards that are accepted by the franklin medical malpractice law firm profession as being reasonable and prudent when providing treatment. If those standards are not adhered to and the failure results in injuries or health problems the patient may be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable way. You then need to prove that the breach occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will look over your medical records and then interview or testify against you to make this determination.

You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases you will require a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered and could result in an adverse reaction, like heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard due to the fact that they are medical experts and deal with life and death decisions. The responsibility of medical care is described in the regulations and standards that are situated for specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant owed the duty of care for the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually defined by what an average person would do in the same circumstances. For example, a prudent driver would not speed through a red light.

In a malpractice case expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also discuss what caused the accident and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any losses that may arise from berlin medical malpractice lawyer negligence. To file an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive in a successful lawsuit 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 consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed from work because of medical complications, and that these days resulted from the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional and mental pain because of the negligent actions of the defendant. Loss in consortium is another type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or any other significant person as you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines that are set by law.

In the majority of cases, a victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission of an health professional resulted in death or injury. However as with all laws there are a few exceptions to this rule. For instance if the health care provider's error was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or until the patient learns about the diagnosis.

In some instances the patient may not be aware of the issue until a considerable time later, for example in the event that a foreign substance is left in the body following surgery or treatment. Because of this, many states have adopted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be familiar with the laws of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that could cause delays to your claim.