Medical Malpractice Lawyers
Medical malpractice lawyers specialize in cases that involve injuries suffered by patients under the care of doctors or other health care professionals. These claims typically involve failures to recognize or treat a problem, as well as birth injuries.
A viable medical malpractice case requires a few things to be established. Particularly, there needs to be a clear link between the incident of the alleged breach and the patient’s injury.
Duty of care
The legal obligation to act with care is the duty of care. These duties are based on the specific circumstances and the context in which an individual is acting. For instance, a daycare or school has a responsibility of care to ensure children are safe on the premises. A doctor has a responsibility of caring to his patients, according to the medical professional standards. If a doctor breaches their duty of care, it can result in injuries. The breach of duty is the basis for the majority of personal injury claims that are based on negligence.
To win a malpractice case, you must prove that a doctor violated his duty of care. The first step in proving a breach of duty is to demonstrate that there was a doctor-patient relationship. This is usually done with medical records.
The next step is to demonstrate that the doctor did not meet the standards of care required in their situation. This is usually proven through expert testimony. Experts can testify, for example, that surgeons are negligent for operating on the incorrect body part or leaving surgical tools inside the body of a patient.
It is also necessary to establish that a breach of duty caused the patient’s injury. This is called causation. For instance, if the doctor failed to recognize a medical condition and the result was an infection or death, that would be considered medical negligence.
Breach of duty
A duty of care is a legal obligation which is shared between those in certain relationships, for example, doctors and patients. If a person fails to fulfill their obligation of care, it’s considered to be negligence and the person could be held accountable for damages. Medical professionals are required to adhere to a duty of care to follow the standards of their profession.
Your medical malpractice lawyer can help you to obtain financial compensation if you’ve been injured as a result of actions of a doctor. Your lawyer must prove four things: that the doctor was bound by an obligation to you, that they did not fulfill that duty, that their breach caused injuries to you and that you suffered damage due to the breach.
In order to do this the lawyer you choose to hire will need to review medical records and conduct “on the record” interviews with the physicians who are alleged to be negligent as well as medical experts who can help back your claim. This information is used in building a case to show that the negligence of a physician was more likely than not.
Medical malpractice lawsuits are an enormous burden on the health system. They result in direct expenses related to medical malpractice insurance premiums, and indirect costs arising from altered physician behavior in response to the risk of lawsuits. This has been the catalyst for calls to reform tort law, including alternatives to trial and jury systems, to decrease costs related to malpractice.
Causation
Medical professionals and doctors have a professional duty to provide their patients with care that conforms to certain standards. A victim of malpractice can sue a doctor who stray from the standard and causes them to suffer injury. Plaintiffs must prove that the doctor breached their duty by proving the injuries they sustained would not have occurred if the doctor had followed the correct procedure. This requires expert testimony, which is typically provided by a medical expert who is qualified to handle the particular case.
A plaintiff in a medical malpractice case must also prove, using the “preponderance of the evidence,” that the defendant’s actions or omissions led to his or her injuries. This standard of proof is lower than the “beyond a reasonable doubt” standard for criminal cases.
If you have been injured by medical malpractice, you may be entitled to compensation for your future and past medical expenses, loss of income due to the injury or disability you sustained, as well for mental anguish, pain and suffering. However medical malpractice lawsuits can be complex and costly to pursue. Your attorney should review your case to determine if it has the necessary elements to prevail. The attorney will explain the process and discuss with you your possible recovery.
Damages
A hospital or doctor can be held legally accountable for medical malpractice if they deviate from the standards of care. All doctors must adhere to the standard of care when treating patients. The standards of care are in accordance with the medical community’s best practices.
In order to be successful in claiming damages to recover damages, your New York malpractice attorney will be required to prove that the doctor breached their duty of care by failing to treat you in accordance with acceptable medical practices and that these actions caused harm or injury to you. Your lawyer will be able establish the elements of negligence by examining your medical records and conducting on record interviews called depositions and collaborating with medical experts.
Malpractice claims are among the most difficult personal injury cases. These claims can involve large medical corporations along with their insurance companies as well as other parties. They are a challenge to pursue without an experienced attorney.
The statutes of limitations for filing a malpractice lawsuit vary from state to state, but generally require that your attorney start the lawsuit within two and a half years from the date of your last medical treatment by the medical professional you’re accusing of medical malpractice. Certain states require you to submit your claim to a review board prior to filing a suit. These reviews are designed to be a step before an judicial review.
