Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.
In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is not following the accepted Lanett Medical Malpractice Attorney practices and results in a death or injury or even death, he could be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set of standards which are recognized by the north tonawanda medical malpractice lawyer profession as reasonable and prudent when providing treatment. If the standards aren’t adhered to and the failure results in injuries or health issues, a patient may be able to sue for medical malpractice lawsuit.
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 reasonable manner. The next step is to prove that the breach of this obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.
This expert witness can help determine whether the defendant’s actions fell below the standard of care in your specific case. The expert will need to examine your medical records and also interview or question you in order to make this decision.
You must also establish that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In most cases you will require a direct cause-and- result connection between the breach of duty and the subsequent injury. A misdiagnosis, for example, could lead to prescribing the wrong medication or treatment being given. This can cause a negative reaction such as a heart attack.
Breach of Duty
Like all people, are required by law to fulfill a duty to act with reasonable care and be cautious. However, doctors are held to an even higher standard because they are medical experts who make life and death decisions. The duty of care is outlined in the laws and standards that govern specific types of treatments and procedures.
In a negligence case, it is essential to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is typically determined by what an ordinary person would do under similar situations. For instance, a prudent driver wouldn’t run an intersection with a red light.
In a malpractice case expert witnesses could be required to provide evidence on the standard of care violated and how the standard was violated. They can also discuss how the injury was caused and what could have been done to prevent it from occurring.
Damages
Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from ogdensburg medical malpractice lawsuit negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).
The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days that you missed from work due your medical problems, and proving the fact that these days were the result of the defendant’s negligence.
Non-economic losses are more difficult to prove, and may require the help of a professional who will give evidence about your physical, emotional and mental distress as a result of the infractions committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability to have a loving, sexual relationship with your spouse or other significant individual as you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions and demands for documents and declarations under swearing.
Statute of Limitations
In New York, as with every state, there are certain time limits – commonly known as statutes of limitations – within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed before the deadlines stipulated 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 the 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 complete or the patient becomes aware of the diagnosis.
Additionally, in certain instances such as when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient or patient’s family to determine the issue until much later. In this regard, a majority of states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be aware of specific laws in your state and will go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.
