Why You Need a Medical Malpractice Lawyer
A coolidge medical malpractice lawyer malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice claims.
In common law, doctors must follow the standard of care when treating their patients. If a doctor deviates from the accepted medical standard and results in a death or injury the doctor could be held accountable for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standard accepted by the medical industry as reasonable and prudent when they provide healthcare. If those standards are not followed and the result is harm or health issues, a patient may be able to file a medical malpractice lawsuit.
The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.
This expert witness will be able to determine if the defendant’s actions fall below the accepted standard of care in your particular situation. The expert will need to examine your medical records and interview or examine you in order to make this decision.
It is also necessary to prove that the breach of duty directly caused the injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting 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 all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and with caution. Doctors are held to an elevated standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined 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 had a duty to 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 meet the standard of care in this particular circumstance. The quality of care is usually defined by what an average person would do under similar circumstances. A reasonable driver, for instance will not go through at a traffic light.
In a case of negligence, expert witnesses are often needed to testify about the standards of care and how it was violated. They can also provide the reason behind the injury and suggest ways to have prevented it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).
The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. In order to prove your loss of earnings, your russellville medical malpractice attorney malpractice lawyer should also show the number of times you were absent from work due to medical complications and the fact that these absences were due to the defendant’s negligence.
Non-economic losses can be more difficult to prove and may require the help of a professional who will testify about your physical, emotional and mental pain due to the infractions committed by the defendant. Loss of consortium is a different type of non-economic damage. It is the inability to enjoy an intimate relationship with your spouse or any other significant individual as you once did. The defendant’s attorney will challenge your non-economic damages through interrogatories, depositions and requests for statements and documents under oath.
Statute of limitations
In New York, as with every state, there’s a set of time frames – also known as statutes of limitations within which a satsuma medical malpractice lawsuit malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be familiar with the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.
In the majority of cases, victims of medical malpractice must file his or her lawsuit within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. Like all laws, this one is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30 month statutory “clock” will not begin until that course of treatment is completed or until the patient becomes aware of the diagnosis.
In some instances the patient may not be aware of the issue until a considerable time later for instance the case where a foreign body remains in the body following surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific laws in your state and will carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.
