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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor is not following accepted medical practice and it results in injury or death the doctor could be held accountable for negligence.

Duty of Care

medical malpractice law firms professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their care. If those standards are not followed and the result is injuries or health problems the patient may be able to file a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove the breach of the duty occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

This expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in the particular case. To allow the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.

You must also show that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In the majority of cases, you'll need a direct cause and result relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and that could result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to exercise reasonable care and with caution. However doctors are held to a higher standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is outlined in laws and standards for specific types of treatments and procedures.

One of the primary elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a reasonable person would do in the situation. For example, a reasonable driver wouldn't run an intersection with a red light.

In a lawsuit involving a malpractice experts may be needed to testify on the standard of care that was breached and the way in which this standard was breached. They can also provide a detailed explanation of how the injury was caused and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to file an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as 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 necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you were away from work due to medical conditions, and also the fact that these days were the result of the defendant’s negligence.

Non-economic damages can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional, and mental distress as a result of the negligence committed by the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy an intimate relationship with your spouse or any other significant person like you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission made by a health care provider caused the death or injury. However, as with all laws there are some exceptions to this rule. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until the treatment is complete or the patient learns about the diagnosis.

Additionally, in certain situations, such as when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules in your state, and will carefully review your case timeline to avoid administrative errors that can derail your claim.