15 Surprising Stats About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The legal system that regulates palisades park medical malpractice attorney malpractice cases is based on common law.

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practice and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in their medical care. If those standards are not followed and if they cause injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act in a reasonable manner. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions were not in line with the accepted standards in your particular case. The expert will look over your medical records and interview or examine you to determine this.

You must also show that the breach directly caused your injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance, could lead to prescriptions for the wrong drug or treatment being given. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise care and caution. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The duty of care is set in the laws and standards that apply to certain kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant owed a duty to care for the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care for the situation. The standard of care is typically determined by what an ordinary person would do in the same situation. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and the manner in which this standard was breached. They can also discuss how the injury was caused and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically necessary expenses by examining your watertown medical Malpractice attorney records, utilizing expert testimony and consulting economic experts. For your loss of earnings the medical malpractice lawyer must show the number of times you were away from work because of your medical complications and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In most cases, a victim of medical malpractice must file his or her lawsuit within two and a half years from the date at which the negligence or act of a healthcare professional caused the injury or death. However like all laws, there are a few exceptions to this rule. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until the course of treatment is completed or Elon Medical Malpractice Attorney the patient is informed of the diagnosis.

Additionally, in some cases for instance, when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. To address this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is well-versed in the laws of your state and will scrutinize the timeline of your case carefully to avoid any administrative errors that can derail your claims.