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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system governs medical malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as reasonable and prudent when providing care. If those standards are not met and that failure causes injuries or health issues the patient could be able to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. The next step is to prove the breach of the duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions are not in line with the accepted standards in your situation. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being prescribed and results in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise care and caution. Doctors are held to an elevated standard but because they are medical malpractice law firms experts and can make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific types of treatments and procedures.

One of the most important elements that must be proven in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The standard of care is typically determined by what a reasonable person would do in similar circumstances. For example, a reasonable driver would not speed through the red light.

In a lawsuit involving a malpractice experts may be required to testify about the standard of care that was violated and how this standard was breached. They can also explain the cause of the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file an action for damages, the plaintiff must show 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 depends on how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work because of medical problems, and proving that these days resulted from the negligence of the defendant.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can provide details of your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability to have a loving, sexual relationship with your spouse, or any other significant individual as you once did. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories as well as requests for documents and sworn testimony.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines and ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, a victim of medical negligence has to file a lawsuit within two-and-ahalf years of the date that the act or omission of a health care provider caused the death or injury. However like all laws, there are a few exceptions to this rule. For instance, if the error made by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not recognize the problem until a considerable time later for instance in the event that a foreign substance remains within the body after surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will be aware specific rules of your state, and will carefully go over the timeline of your case to avoid any administrative errors that can derail your claim.