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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as reasonable and prudent in providing medical treatment. If the standards aren't adhered to and the failure results in injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was bound to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will review your medical malpractice lawyers records, and then interview or testify against you to determine this.

It is also necessary to establish that the breach of duty directly led you to suffer injuries. This is known as causation and it is the third element of a malpractice claim. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example may result in prescribing the wrong medication or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to a higher standard due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care is defined in the regulations and standards that govern specific types of procedures and treatments.

One of the first things to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is usually determined by what a reasonable person would do in the situation. For example an honest driver wouldn't run the red light.

In a malpractice case expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also explain how the injury occurred and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any losses that may arise from medical negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed working due to medical conditions, and Medical malpractice Attorney also that these days were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental pain because of the infractions committed by the defendant. Loss of consortium is another type of non-economic damage. It is the inability to have an intimate, sexual relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, along with requests for documents and sworn testimony.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set by law.

In most instances, the victim of medical malpractice lawsuits malpractice must file his or her lawsuit within two and a half years of the date on which the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this one is not without exceptions. If, for instance the error of the health professional was a part of a continual course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances such as when an object that is foreign remains inside the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In this regard, a majority of states have adopted the legal concept of discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws in your state and will carefully examine your case's timeline to avoid any administrative errors that could impede your claim.