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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted Ripley medical malpractice law firm procedures and causes injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in providing treatment. When those standards are not met and that failure causes harm or health issues patients may be able to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person had a legal obligation to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions are below the standard of care in your case. The expert will need to examine your medical records and interview or examine you to arrive at this conclusion.

You must also prove that the breach directly led to your injury. Causation is the third factor in a claim for malpractice. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis, for instance may result in prescribing the wrong medication or treatment being given. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care is found in the regulations and laws for specific kinds of treatments and procedures.

In a case of negligence, it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is typically determined by what a typical person would do in similar circumstances. A reasonable driver, for example would not use a traffic light.

In a case of negligence, experts are often required to testify on the standard of care and the way in which it was violated. They can also describe the reason behind the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential losses that might arise from medical negligence. In order to file a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer has to prove the number of days you missed work due to medical issues and the fact that the absences were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can describe your physical, mental and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability to have a romantic, sexual connection with your spouse or any other significant person like you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions and requests for documents and evidence under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court will not dismiss the case. A New York benton medical malpractice attorney malpractice attorney who is experienced will be aware of the specifics of these deadlines and will ensure that your claim is filed within the deadlines specified by law.

In most cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission committed by medical professionals caused injury or death. As with all laws this rule has its exceptions. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required "clock" will not start until that course of treatment is completed or the patient learns about the diagnosis.

Additionally, in certain instances such as when a foreign object is found inside the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. This is why many states have adopted an idea of law known as the 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 carefully go over the timeline of your case to avoid any administrative errors which could cause delays to your claim.