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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims get compensation for their losses. The common law system regulates medical malpractice attorneys malpractice lawsuits.

Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is not following accepted medical practice and it results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide treatment. A patient may be eligible to file a claim for medical malpractice if the standards aren't followed and the result is injury or health complications.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person was bound to act in a reasonable way. The next step is to prove that the breach of this duty occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were below the standard of care in your specific case. The expert will review your medical records, and also interview or question you in order to arrive at this conclusion.

You must also be able to establish that the breach of duty directly caused you to suffer injury. Causation is the third factor in a claim for malpractice. In most cases, you'll require a direct cause and result connection between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal duty to act with reasonable care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in laws and standards governing certain types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant had the duty of care for the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For instance an honest driver would not stop at the red light.

In a malpractice case, expert witnesses are often needed to testify about the standards of care and the way in which it was violated. They can also discuss the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, testimony from experts, and the use of economic experts. For the loss of your earnings Your medical malpractice lawyer must also demonstrate the number of days you were away from work due to your medical malpractice lawsuits condition and also the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional, and mental distress due to the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through a process of depositions, interrogatories, and demands for documents and declarations under the oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not, the court will dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission made by a health care provider resulted in the death or injury. Like all laws, this law is not without exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until that course of treatment is completed or when the patient learns of the diagnosis.

Additionally, in certain situations like when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. In order to tackle this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific laws of your state and will go over the timeline of your case to avoid administrative errors that can derail your claim.