14 Misconceptions Common To Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical practice and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If these standards aren't followed and if they cause injury or health complications the patient could be able to bring a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. The next step is to prove the breach of the duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

This expert witness will be able to help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to look over your medical records and interview or examine you to arrive at this conclusion.

You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element of a malpractice claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and Vimeo can result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to a higher standard but because they are medical experts and make life-or-death decisions. The obligation of care is defined in the rules and regulations that apply to certain types of procedures and treatments.

In a negligence case, it is important to establish that the defendant was bound by a duty to care for the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for instance would not use a traffic light.

In a malpractice case, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also provide a detailed explanation of how the injury occurred and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential damages that could result due to medical negligence. To submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer will determine your medically required expenses through a review of your hickory hills medical malpractice law firm records, the testimony of experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were away from work because of medical complications, and the fact that these days were the result of the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can detail your physical, mental and emotional pain as directly resulting from the defendant's negligence. Loss of consortium is a second type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or other significant person as you once did. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories as well as requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court will not dismiss the case. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed by the deadlines set by law.

In the majority of cases, victims of charles city medical malpractice law firm malpractice must make a claim within two and a half years from 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 example, the error committed by the health care provider was a part of a continual course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not realize the problem until quite a while later for instance the case where a foreign body is left within the body after surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration that can derail your claims.