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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical malpractice law firms norms and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent when providing medical care. When those standards are not followed and the result is harm or health issues, a patient may be able to sue for medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was obligated to act in a reasonable way. The next step is to prove that a breach of that obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.

This expert witness will be able help determine whether or not the defendant's actions were below the accepted standard of care in your particular case. The expert will examine your medical records and also interview or question you to make this decision.

It is also necessary to prove that the breach of duty directly led the injury. Causation is the 3rd element in a claim for malpractice. In most instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and results in an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to higher standards but because they are medical experts and make life-or-death decisions. The duty of care is found in laws and standards governing specific types of treatments and procedures.

In a negligence case, it is essential to establish that the defendant had the duty of care for the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is generally determined by what a reasonable person would do in the situation. For instance, medical malpractice attorney a reasonable driver would not speed through a red light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care violated and the way in which this standard was breached. They can also explain how the injury occurred and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that may arise from medical negligence. To submit an action for damages the plaintiff has to prove 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 in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer will determine your medically required expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were away working due to medical complications, and that these days were a result of the negligence of the defendant.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can provide details of your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages through a process of depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission committed by the health professional resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. For instance if the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until the course of treatment is completed or when the patient is informed of the diagnosis.

In some cases it is possible that a patient will not realize the problem until a long time later, for example when a foreign object is left within the body after surgery or treatment. This is why many states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will be familiar with the laws of your state and will scrutinize the timeline of your case with care to avoid administrative errors that could cause delays to your claim.