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A abilene medical malpractice lawyer malpractice lawyer aids injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death, they may be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set standards accepted by the medical industry as being reasonable and prudent when providing healthcare. If these standards aren't followed and the result is harm or health issues the patient could be able to file a medical malpractice lawsuit.
The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the case.
This expert witness will be able 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 need to examine your medical records and also interview or question you in order to arrive at this conclusion.
You also need to establish that the breach of duty caused the injury. Causation is the third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medicine or treatment being given. This can cause an adverse reaction, such as heart attacks.
Breach of Duty
Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The duty of care is outlined in the law and standards that are situated for specific kinds of treatments and procedures.
In a negligence case, it is important to establish that the defendant had a duty to care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The quality of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for example would not use an intersection at a stoplight.
In a malpractice case, experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also describe the cause of the injury and what could be done to stop it from occurring.
Damages
In the United States, physicians are required to carry malpractice insurance in order to cover any potential damages that could result from Colleyville Medical Malpractice Lawyer negligence. In order to bring an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).
The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can determine your medically required expenses by examining your medical records, evidence from experts and the assistance of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you have missed working due to medical problems, and proving that these days were a result of the defendant's negligence.
Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional suffering as direct result of the defendant's negligence. Loss of consortium is a second type of non-economic harm. It is the inability of having an intimate, sexual relationship with your spouse, or any other significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through depositions, interrogatories, 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 case can be filed. Otherwise the court will not dismiss the case. A seasoned New York pittsburgh medical malpractice lawsuit malpractice lawyer is aware of these specifics and will ensure that your case is filed prior to the deadlines stipulated by law.
In most instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the act or [Redirect-302] omission of a doctor or other health professional resulted in the death or injury. As with all laws, this rule has its exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.
Additionally, in certain instances such as when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. In order to solve 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 timeframes. Your attorney will be aware specific laws of your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.
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