Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients 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 a certain standard of care when treating patients. If a doctor is not following the accepted medical norms and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing treatment. Patients may be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure results in injury or health complications.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. The next step is to prove that the breach of that duty occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in the particular case. The expert will look over your caledonia medical malpractice law firm records and also interview or question you to make this determination.

You should also be able to prove that the breach of duty caused the injuries. This is known as causation and it is the third element in a malpractice claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction, like a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. Doctors are held to an elevated standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is set in the laws and standards that govern specific types of treatments and procedures.

In a negligence case it is crucial to prove that the defendant had a duty to care for the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the specific situation. The quality of care is usually determined by what a typical person would do in the same circumstances. For instance an honest driver wouldn't run when there is a red light.

In a lawsuit involving a malpractice experts may be required to testify regarding the standard of care violated and the way in which this standard was violated. 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 carry malpractice insurance in order to cover any loss that may result from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic njury or death. As with all laws this one is not without exceptions. If, for instance the error made by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. For this reason, most states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain instances. Your lawyer is familiar with the laws of your state and will go over your case's timeline carefully to avoid administrative mistakes that could impede your claim.