What Freud Can Teach Us About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system governs medical malpractice claims.

According to common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is not following accepted medical practice and it causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their treatment. If these standards aren't followed and the result is injury or health complications the patient may be able to file a Medical Malpractice Law Firms malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your case. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly caused you to suffer injury. Causation is a third element in a malpractice claim. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction, such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a duty to act with reasonable care and with caution. Doctors are held to an even higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the law and standards that apply to certain types of procedures and treatments.

One of the first elements that must be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is typically determined by what a normal person would do under the same circumstances. A reasonable driver, for instance will not go through an intersection at a stoplight.

In a malpractice case experts may be required to testify about the standard of care violated and the manner in which this standard was violated. They can also provide the reason for the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical malpractice attorneys expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer should also show the number of times you missed work due to medical issues and the fact that the absences were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can explain your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a different kind of non-economic loss. It is the inability of having an intimate, sexual relationship with your spouse or another significant person as you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions, and requests for statements and documents under oath.

Statute of limitations

Like all states, Medical Malpractice Law Firms New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines and medical malpractice law firms will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date when the act or omission of a health care provider resulted in the 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 course of 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 the case where a foreign body remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your attorney will be aware specific rules in your state, and will carefully examine your case's timeline to avoid administrative errors that can derail your claim.