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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide healthcare. A patient might be able to file a lawsuit against a medical professional if those standards aren't met and the breach causes injuries or health complications.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular circumstance. In order for the expert to determine this, they will need to be able to review your medical malpractice law firm records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause-and- result relationship between the breach of duties and the subsequent injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and be cautious. However, doctors are held to a more stringent standard because they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the laws and standards that govern certain types of treatments and procedures.

One of the first things that needs to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The standard of care is typically determined by what an ordinary person would do in the same circumstances. A reasonable driver, for instance would not operate a traffic light.

In a lawsuit involving a malpractice experts may be required to testify about the standard of care violated and how the standard was violated. They can also describe the reason for medical malpractice lawyer the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings your medical malpractice lawyer should also demonstrate the number of days you were off work due to your medical condition and also the fact that these absences resulted from the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can detail your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss of consortium is a different type of non-economic harm. This is the inability to have an intimate relationship with your spouse or another significant person as you once did. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories as well as requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with 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 of the date that the act or omission made by medical professionals caused the death or injury. As with all laws this rule is not without exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until that course of treatment is completed or until the patient is informed of the diagnosis.

Additionally, in certain instances such as when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your lawyer will be well-versed in the laws of your state and will go over your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.