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Why You Need a Medical Malpractice Lawyer

A medical malpractice law Firms malpractice attorney can help victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

medical malpractice lawsuits professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in their care. If the standards aren't followed and the result is injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and Medical malpractice law firms that they had a duty to act in a fair manner. Then, you need to prove that the breach of this duty occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your specific case. To enable the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must also prove that the breach directly caused your injury. This is known as causation, and it is the third element of a negligence claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A mistake in diagnosis, for instance can result in prescribing the wrong medication or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal obligation to exercise reasonable care and caution. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care is defined in the laws and standards which are applicable to specific types of procedures and treatments.

In a negligence case, it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, for example, would not run at a traffic light.

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

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to bring an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation received from a successful malpractice case is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer has to establish the number of days you were off work due to your medical issues and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional, and mental pain because of the negligence of the defendant. Loss of consortium is another type of non-economic harm. It is the inability to have a loving, sexual relationship with your spouse, or any other significant person as you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will not dismiss it. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed before the deadlines stipulated 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 made by medical professionals caused injury or death. Like all laws, this one is not without exceptions. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or until the patient learns of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In this regard, a majority of states have enacted a legal concept called the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your lawyer will be aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid administrative mistakes that could impede your claim.