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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and causes an injury or Medical Malpractice Attorney death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent when providing healthcare. If those standards are not met and that failure causes injury or health complications, a patient may 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 an obligation to act in a reasonable manner. The next step is to prove the breach of the obligation occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions were less than the accepted standard in your situation. To allow the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly led to your injury. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise diligence and care. Doctors are held to higher standards, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the laws and standards that are situated for specific types of procedures and treatments.

One of the most important elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what an ordinary person would do under similar situations. For instance, a reasonable driver would not stop at a red light.

In a case of malpractice, experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from happening.

Damages

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

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were away from work because of medical conditions, and also the reason for these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove, and may require the help of a professional who will testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to maintain a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The defendant's attorney will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for documents and evidence under swearing.

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 dismiss the case. A New York medical malpractice attorney who has experience will be familiar with the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must make a claim within two and a half years from the date that the act or omission of a medical professional resulted in the death or injury. However like all laws, medical malpractice attorney there are a few exceptions to this rule. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in some cases for instance, when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. In order to tackle this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will know the specific rules of your state and carefully review your case timeline to ensure that there are no administrative mistakes that could impede your claim.