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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor does not adhere to accepted seattle medical malpractice attorney procedures and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the denham springs medical malpractice law firm profession as being prudent and reasonable when they provide healthcare. If those standards are not followed and if they cause injuries or health problems the patient may be able to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act in a reasonable way. The next step is to prove that the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

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 review your medical records, and interview or examine you to make this determination.

You must be able to demonstrate that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all people, have a legal duty to act with reasonable care and with caution. However doctors are held to a higher standard since they are considered medical experts and have to make life and death decisions. The duty of care is found in the laws and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant owed the duty of care for the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is typically defined by what an average person would do in similar circumstances. For instance an honest driver would not stop at a red light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care that was not met and how the standard was violated. They can also provide the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that may arise from medical negligence. To bring an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and hayden medical malpractice Lawyer suffering).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York hayden Medical malpractice lawyer malpractice attorney fights for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were away from work due your medical complications, and the reason for these absences were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who can be able to testify about your physical, emotional, and mental pain as a result of the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions, and requests for statements and documents under the oath.

Statute of Limitations

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

In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date at which the act or omission of a healthcare professional caused the injury or death. However, as with 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 legal "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

In some cases it is possible that a patient will not realize the problem until a considerable time later for instance the case where a foreign body remains within the body after surgery or treatment. In order to address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the laws of your state and will go over your case's timeline carefully to avoid administrative errors that could impede your claim.