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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must observe the standard of care when treating their patients. If a physician does not follow the accepted medical standard and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't being met and the failure results in injuries or health complications.

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they were bound to act in a reasonable way. Then, you must show the breach of the duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions are below the standard of care in your case. To allow the expert to arrive at this conclusion they must be able review your medical malpractice attorneys records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly caused the injury. This is known as causation, and it is the third element of a malpractice claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The responsibility of medical care is described in the law and standards that apply to certain types of treatments and procedures.

One of the most important elements that must 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 proved that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what an ordinary person would do in similar situations. A reasonable driver, for example, would not run a traffic light.

In a malpractice case expert witnesses are often needed to testify about the standards of care and how it was violated. They can also discuss the reason for the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also demonstrate the number of days you were away from work because of your medical condition and also the fact that these missed work days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can detail your mental, physical, and emotional pain as a direct result of 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 in the same way you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines set by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years of the date that the act or omission of a health care provider caused the injury or death. Like all laws, this law is not without exceptions. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the course of treatment is completed or until the patient learns of the diagnosis.

In certain instances it is possible that a patient will not discover the problem until a considerable time later for instance when a foreign object remains within the body after surgery or treatment. For this reason, most states have adopted a legal concept called the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your lawyer is familiar with the rules of your state and will go over your case's timeline carefully to avoid any administrative errors that could cause delays to your claim.