Why You Need a Bellevue Medical Malpractice Lawsuit Malpractice Lawyer

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

In the common law, doctors must follow the standard of care when treating their patients. If a doctor is not following the accepted medical practices and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the wasco medical malpractice attorney profession as sensible and prudent in providing care. A patient might be in a position to file a lawsuit for medical malpractice if the standards aren't being met and the breach causes injuries or health complications.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the person or entity had a legal obligation to act reasonably. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and Bellevue medical Malpractice lawsuit evaluation of the situation.

The expert witness will help determine whether the defendant's actions fell below the standard of care in your situation. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty caused you to suffer injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause & effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example may result in prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to a higher standard however, since they are medical experts who make life-or-death decisions. The duty of care is found in the regulations and laws for certain types of treatments and procedures.

One of the first elements that must be established in a negligence claim is that the defendant was bound by a duty of care to 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 the specific situation. The standard of care is usually determined by what a typical person would do in the same situation. For instance, a reasonable driver would not stop at the red light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also provide the cause of the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to file a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish the medically necessary expenses through a thorough review of your medical records, the testimony of experts as well as the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also prove the number of days you were off work due to your medical complications and the fact that the absences were the result of the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional and mental suffering due to the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages with the help of depositions and interrogatories and requests for documents and sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines and ensure that your claim is filed before the deadlines set by law.

In the majority of cases, victims of medical malpractice has to bring a lawsuit within two and a half years of the date that the act or omission of a health care provider caused the injury or death. Like all laws, this law is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is complete or the patient learns of the diagnosis.

In some instances patients may not recognize the problem until a considerable time later, for example in the event that a foreign substance is left within the body after surgery or treatment. To deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be familiar with the laws of your state and will review the timeline of your case with care to avoid mistakes in the administration that could impede your claim.