5 Tools That Everyone Working In The Medical Malpractice Law Industry Should Be Utilizing

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 claims.

In the common law, doctors must observe a standard of care in treating their patients. If a physician does not follow the accepted medical practices and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their care. If these standards aren't followed and the result is harm or health issues the patient may be able to file a Medical Malpractice Law Firm malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity had a legal obligation to act in a reasonable way. The next step is to prove that a breach of that obligation occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions fall below the accepted standard of care in your particular case. The expert will examine your medical records and interview or cross-check you in order to make this determination.

You should also be able to prove that the breach of duty caused the injury. Causation is the 3rd element in a claim for malpractice. In most cases, you'll need a direct cause and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance one, could result in prescribing the wrong medicine 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 act with care and prudence. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatments and procedures.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in the given circumstance. The standard of care is typically defined by what an average person would do in the same situation. A reasonable driver, for instance would not use the traffic light.

In a case of malpractice experts may be required to provide evidence on the standard of care violated and how the standard was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To bring an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were away from work because of medical issues, and the fact that these days resulted from the defendant’s negligence.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional pain as an direct result of defendant's negligence. Loss in consortium is another type of non-economic damage. This is the inability to have a romantic, sexual connection with your spouse or other significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice law firm negligence must file a lawsuit within two-and-ahalf years of the date that the act or omission made by an health professional resulted in injury or death. However, as with all laws there are a few exceptions to this rule. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

In certain instances patients may not recognize the problem until quite a while later for instance the case where a foreign body is left in the body following surgery or treatment. To solve this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be familiar with the rules of your state and will go over your case's timeline carefully to avoid mistakes in the administration which could delay your claims.