Why You Need a Medical Malpractice Lawyer
A troy medical malpractice attorney malpractice lawyer aids injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.
Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death, they may be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set standard that are accepted by the medical profession as reasonable and prudent when providing healthcare. A patient could be legally able to bring a lawsuit against a medical professional if those standards aren’t being met and the result is injuries or health problems.
The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. You must then prove that the breach 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 help determine whether or not the defendant’s actions fall below the accepted standard of care in your particular situation. The expert will look over your medical records and also interview or question you in order to determine this.
It is also necessary to prove that the breach of duty caused the injury. This is known as causation and it is the third requirement of a negligence claim. In most instances, you’ll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that results in an adverse reaction such as a heart attack.
Breach of Duty
Like everyone else, doctors have a legal obligation to act with the utmost care and caution. However doctors are held to a higher standard because they are considered medical experts who make life and death decisions. The duty of care is set in the law and standards that are situated for specific kinds of treatments and procedures.
One of the primary elements that must be proven in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use at a traffic light.
In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care violated and the way in which this standard was violated. They can also discuss how the injury occurred and what could be done to stop it from occurring.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file 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 pain and suffering).
The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically necessary costs by reviewing your trotwood medical malpractice law firm records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer must establish the number of days you were away from work because of your medical conditions and the fact that these days off work resulted from the defendant’s negligence.
The non-economic loss can be more difficult to prove, and may require the help of a professional who will provide evidence of your physical, emotional and mental distress as a result of the negligence of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn testimony.
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 pelham Manor medical malpractice law firm negligence lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines set forth by law.
In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit 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. If, for instance the error of the health professional was a part of a continual treatment plan, then the “clock” of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.
In certain instances patients may not realize the problem until a considerable time later for instance, if a foreign body remains within the body after surgery or treatment. For this reason, most states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer is familiar with the laws of your state and will go over your case timeline carefully to avoid administrative errors which could delay your claims.