Medical Malpractice LawyersMedical malpractice lawyers are specialized in cases that involve injuries suffered by patients under the care of doctors or other health professionals. They typically involve the failure to recognize a medical condition or to treat it, or birth injuries.
To establish a viable medical malpractice claim there are certain requirements to be established. Particularly, there needs to be a clear link between the breach of duty that is claimed and the patient's injuries.
Duty of care
The duties of care are the legal obligations that individuals have to act towards one another. These duties are determined by the context and circumstances that an individual is in. A daycare or a school, for example, has a duty to ensure the safety of children who are on its premises. A doctor has a responsibility of care for his patients, according to the medical professional standards. If a doctor breaches their duty of care, it can result in injuries. A breach of duty is at the core of almost all personal injury cases involving negligence.
In order to win a malpractice case you must show that a doctor acted in breach of his duty of care. The first step in proving the breach of duty is to demonstrate that a doctor-patient relationship existed. This is typically done by looking over medical records.
The next step is proving that the doctor's performance was not in line with the standards of care for the situation. Expert testimony is often used to demonstrate this. For instance, an expert might testify that surgeon was negligent in operating on the wrong body part or putting surgical instruments in the body of a patient.
It is also necessary to establish that a breach of duty caused the patient's injury. This is called causation. For example, if the doctor failed to recognize a medical condition and the result was an infected or dying, that is considered medical malpractice.
Breach of duty
A duty of care is a legal responsibility that is owed to people who are in certain relationships, for example, doctors and patients. The negligence of a person could be viewed as a violation of their obligation of care. They could also be held accountable for damages. Medical professionals are required to adhere to obligations to follow industry standards.
Your medical malpractice lawyer can help you obtain financial compensation if you have been injured due to the actions of medical professionals. Your lawyer will have to prove four elements: the doctor was owed a duty and breached that duty and that the breach led to your injury; and that you suffered damages as a result.
Your lawyer will require medical records to prove this and "on the record" interviews with the doctor who is accused of negligence and experts in the medical field who can provide evidence to support your claim. This information can be used to construct a case and show that it is more likely than not that the physician was negligent.
Medical malpractice cases place a heavy burden on the health-care system. Medical malpractice cases result in direct costs for medical malpractice insurance as well as indirect costs arising from medical professional behavior changes due to threats to litigation. This has resulted in calls for reforms to tort law and alternatives to the trial and jury system, which could reduce the cost of malpractice.
Causation
Doctors and other medical practitioners have a legal obligation to provide medical care conforming to certain standards. A victim of malpractice can seek legal action against a physician who departs from the norm and causes them to suffer injury. To prove that a medical professional violated this obligation, the plaintiff must prove that the injuries could not have occurred if the doctor had performed his duties properly. This requires expert testimony. In most cases, a medical witness who is specialized in the case can provide this.
A plaintiff in a medical malpractice case must also prove by the "preponderance of the evidence" that the defendant's actions or inactions caused injuries to him or her. This is a lower standard than the one required in criminal cases in which "beyond reasonable doubt" is the standard.
If you're the victim of medical malpractice, you could recover damages for future and past medical expenses, loss of income due to your injury, disability or illness, pain, suffering and mental distress. However medical malpractice lawsuits are complex and costly to pursue. Your lawyer should review your case to determine if it contains the essential elements to win. Your attorney should discuss your potential recovery with you and explain the process to help you understand if you have a valid claim.
Damages
A doctor or hospital can be held legally responsible for medical malpractice if they depart from the standard of care. All physicians must adhere to this standard of care when treating patients. The standard of care is based upon the best practices in the
medical malpractice law firms community.
Your New York malpractice lawyer will be required to prove, for the purpose of claiming damages successfully that the doctor violated his duty of care and did not treat you according to acceptable medical standards. The act resulted in harm or injury. Your lawyer will be able to establish the elements of negligence by reviewing your medical records and conducting on the record depositions or interviews and collaborating with medical professionals.
Malpractice claims are some of the most complex personal injury claims. They can involve large medical corporations as well as their insurance companies, which makes them challenging to pursue without the assistance of an experienced attorney.
The time frame for filing a
medical malpractice law firms negligence lawsuit is different from state to state. However it is typically mandatory that your attorney file the suit within two-and-a-half years from the date that you received your last treatment from the physician who you are accusing of negligence. Certain states have additional requirements such as the submission of claims to a review committee prior to filing a lawsuit. These reviews are intended to serve as a prelude to judicial review of claims.