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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system governs medical malpractice claims.

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable when providing healthcare. Patients may be in a position to file a lawsuit for medical malpractice law firm malpractice if the standards aren't adhered to and the failure causes injuries or health complications.

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 owed you a duty to act in a reasonable way. Then, you need to prove the breach of the duty occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions were below the accepted standard of care in the particular case. In order for the expert to make this decision they must be able to examine your medical records and conduct an examination or medical Malpractice Law firms interview of you.

You should also be able to establish that the breach of duty directly caused the injury. Causation is the third element in a malpractice claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and that results in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to an elevated standard but because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical Malpractice Law firms care is described in the laws and standards that apply to certain kinds of treatments and procedures.

One of the first elements that must be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For instance the reasonable driver would not stop at the red light.

In a malpractice lawsuit experts may be required to testify about the standard of care that was not met and how the standard was breached. They can also discuss how the injury was caused 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. To submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively 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. In order to prove your loss of earnings the medical malpractice lawyer has to show the number of times you were away from work because of your medical complications and the fact that the absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by interrogatories, depositions, and requests for statements and documents under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission made by the health professional caused the death or injury. As with all laws, this law is not without exceptions. If, for example, the error of the health professional was part of a continuing treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is found inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. For this reason, most states have enacted the legal concept known as the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your lawyer is well-versed in the laws of your state and will review the timeline of your case carefully to avoid administrative errors that could cause delays to your claim.