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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practices and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical malpractice law firm profession as reasonable and prudent in providing care. Patients may be eligible to file a claim for medical malpractice if these standards aren't followed and the failure causes injuries or health complications.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was bound to act with reasonable care. The next step is to prove that the breach of that duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness can determine whether the defendant's actions were below the standard of care in your case. The expert will review your medical records, and interview or cross-check you to make this decision.

You should also be able to establish that the breach of duty caused you to experience injury. This is known as causation and it is the third element of a malpractice claim. In most cases, you'll require a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis 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

Just like everyone else, doctors have a legal obligation to exercise care and prudence. Doctors are held to an even higher standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in the laws and Medical Malpractice attorney standards that govern certain types of treatments and procedures.

One of the first things that must be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is typically defined by what an average person would do in the same situation. For instance, a prudent driver would not speed through a red light.

In a case of malpractice experts may be needed to testify on the standard of care that was breached and how the standard was violated. They can also explain the reason for the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result from medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you were absent from work because of medical complications, and the fact that these days were due to the defendant’s negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can describe your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions as well as requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is experienced will be aware of 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 instances, the victim of medical malpractice must file his or her lawsuit within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. Like all laws, this rule has its exceptions. If, for instance, the error committed by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient has been informed of the diagnosis.

In some instances, a patient may not discover the problem until a long time after, for example when a foreign object is left in the body following surgery or treatment. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific rules in your state and will go over the timeline of your case to avoid administrative errors that could delay your claim.