Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor deviates from the accepted medical practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If these standards aren't followed and if they cause harm or health issues patients may be able to sue for medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. You then need to prove that the breach occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions were below the accepted standard of care in your particular circumstance. The expert will need to examine your medical records and interview or examine you to determine this.

You should also be able to establish that the breach of duty caused you to experience injury. This is known as causation and it is the third element in a malpractice claim. In most cases you will require a direct cause and effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a duty to act with reasonable care and with caution. However, doctors are held to a higher standard because they are considered white oak medical malpractice lawsuit experts and have to make life and death decisions. The duty of care is set in the regulations and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant breached this obligation 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 an ordinary person would do in the same situation. A reasonable driver, for example, would not run a traffic light.

In a malpractice case, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also describe the cause of the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such sufferied by a health care provider caused death or injury. As with all laws this rule is not without exceptions. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is complete or the patient becomes aware of the diagnosis.

In some cases it is possible that a patient will not recognize the problem until quite a while later, for example the case where a foreign body is left in the body following surgery or treatment. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of the rules of your state and will review the timeline of your case with care to avoid administrative errors that could impede your claim.