14 Common Misconceptions 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 regulates medical malpractice lawsuits.

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing medical care. Patients may be able to file a lawsuit for west valley city medical malpractice lawyer malpractice if those standards aren't adhered to and the result is injuries or health problems.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act with reasonable care. The next step is to prove that the breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

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

You must be able to demonstrate that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being prescribed and could result in an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and with caution. However, doctors are held to a more stringent standard because they are medical experts and medical Malpractice attorney have to make life and death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific types of procedures and treatments.

In a case of negligence, it is vital to prove that the defendant had the duty of care for the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is typically determined by what a normal person would do in similar situations. A reasonable driver, for example will not go through the traffic light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also explain how the injury occurred and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise due to medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also show the number of times you were absent from work because of your medical condition and also the fact that these days off work resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional and mental distress as a result of the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories, depositions and demands for documents and declarations under oath.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your claim is filed by the deadlines set by law.

In the majority of cases, a victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission made by medical professionals resulted in the injury or death. However, as with all laws there are a few exceptions to this rule. For instance, if the error committed by the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances the patient may not discover the problem until quite a while later, for example, if a foreign body is left in the body following surgery or treatment. Because of this, many states have adopted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer is familiar with the laws of your state and will review the timeline of your case with care to avoid administrative errors that can derail your claims.