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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor is not following the accepted medical norms and results in injury or death it could be liable for negligence.

Duty of Care

medical malpractice law firms professionals are required to adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical care. If those standards are not met and that failure causes injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The first element of 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 had a legal obligation to act in a reasonable manner. Then, you need to prove that the breach of this duty occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. The expert will review your medical records, and interview or cross-check you in order to arrive at this conclusion.

You must also be able to prove that the breach of duty directly caused the injury. Causation is the third element in a malpractice lawsuit. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, which can result in an adverse reaction like a heart attack.

Breach of Duty

As with all people, 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 medical experts who make life and death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is usually determined by what an ordinary person would do in the same circumstances. For example, a reasonable driver would not run when there is a red light.

In a malpractice case expert witnesses are often needed 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 what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise from medical negligence. In order to file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically necessary expenses by examining your medical records, using expert testimony, and consulting economic experts. In order to prove your loss of earnings the medical malpractice lawyer must prove the number of days you were absent from work because of your medical conditions and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic injury. It is the inability to maintain a romantic, sexual connection with your spouse or any other significant person as you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories, depositions, along with requests for documents and sworn declarations.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, a victim of medical negligence has to bring a suit within two and a half years from the time the act or omission by medical professionals resulted in the injury or death. However like with all laws there are some exceptions to this rule. For instance, if the error committed by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not realize the problem until a long time later for instance when a foreign object is left in the body following surgery or treatment. For this reason, most states have adopted the legal concept of discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer will be well-versed in the laws of your state and will review your case's timeline carefully to avoid any administrative errors which could delay your claims.