Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practice and it 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 being sensible and prudent in providing medical care. If the standards aren't followed and the result is harm or health issues the patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was bound to act with reasonable care. You must then prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness can determine whether the defendant's actions fell below the standard of care in your particular case. The expert will examine your Old Tappan Medical Malpractice Lawyer records and interview or examine you in order to determine this.

It is also necessary to prove that the breach of duty directly caused you to suffer injury. Causation is a third element in a malpractice lawsuit. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being prescribed and in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, have a legal duty to act with reasonable care and caution. Doctors are held to higher standards however, since they are medical experts and make life-or-death decisions. The obligation of care is found in the laws and standards that govern certain types of treatments and procedures.

In a negligence case it is important to establish that the defendant owed the obligation of taking care of the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is generally determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not operate at a traffic light.

In a case of malpractice, experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also discuss what caused the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order 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 suffering and pain).
"clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not be aware of the issue until a long time later, for example the case where a foreign body is left within the body after surgery or treatment. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the rules of your state and will go over the timeline of your case carefully to avoid administrative errors that could impede your claim.