20 Things You Must Be Educated About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing medical care. If those standards are not met and that failure causes injury or health complications, a patient may be able to sue for medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was obligated to act in a reasonable way. Then, you need to prove that the breach of this duty occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.

This expert witness will determine if the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will need to examine your medical records and interview or cross-check you to make this determination.

You must also be able to prove that the breach of duty directly led the injuries. Causation is the 3rd element in a malpractice lawsuit. In most cases you will require a direct cause and result relationship between the breach of duties and the subsequent injury. A misdiagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction such as a heart attack.

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 a more stringent standard because they are considered medical experts and deal with life and death decisions. The duty of care is set in the rules and regulations that are situated for specific types of treatments and procedures.

One of the first things to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is usually determined by what a normal person would do in the same situation. For instance the reasonable driver would not stop at a red light.

In a malpractice case experts are often required to testify regarding the standard of care and the way in which it was violated. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to bring a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your Garden grove medical Malpractice attorney records, the testimony of experts and the assistance of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days that you missed working due to medical problems, garden grove medical malpractice Attorney and proving that these missed days were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional, and mental distress as a result of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. As with all laws this rule has its exceptions. If, for instance, the error made by the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

In certain instances it is possible that a patient will not realize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific rules in your state and will look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.