What Freud Can Teach Us About Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical malpractice law firms procedures and results in injury or death the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent in their treatment. A patient might be eligible to file a claim for medical malpractice if the standards aren't adhered to and the breach causes injuries or health complications.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was bound to act in a reasonable way. Then, you have to prove that the breach of this duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able to help determine whether or medical malpractice not the defendant's actions fell below the standard of care that is accepted in your particular case. To allow the expert to determine this they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to demonstrate that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause-and- result connection between the breach of duties and the subsequent injury. A misdiagnosis for instance may result in prescriptions for the wrong drug or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and prudence. Doctors are held to an elevated standard however, since they are medical experts and can make life-or-death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that needs to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For example the reasonable driver wouldn't run a red light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also discuss the reason behind the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result from medical negligence. To bring an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. For your loss of earnings, your medical Malpractice (www.webnoriter.com) lawyer should also show the number of times you were off work because of your medical condition and also the fact that these absences were due to the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional distress as a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of depositions, interrogatories, and requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission of the health professional resulted in the injury or death. Like all laws, this rule has its exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in some cases for instance, when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. This is why many states have enacted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the specific laws of your state and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes which could cause delays to your claim.