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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe the standard of care when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as sensible and prudent in providing treatment. Patients may be legally able to bring a lawsuit against a medical professional if those standards aren't being met and the result is injuries or health issues.

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 had a legal obligation to act in a reasonable manner. The next step is to prove that a breach of that duty occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. In order for the expert to make this determination, they will need to be able review your medical records and conduct an examination or interview of you.

You should also be able to prove that the breach of duty directly led you to suffer injuries. Causation is a third element in a malpractice claim. In most cases, you'll require a direct cause & result connection between the breach of duty and the resulting injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to exercise reasonable care and [Redirect-Java] be cautious. Doctors are held to an elevated standard due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant had the duty of care for the plaintiff. It must be established that the defendant did not fulfill this 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 a reasonable person would do in the situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care that was violated and how this standard was breached. They can also describe how the injury was caused and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise from medical negligence. To file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings your medical malpractice lawyer should also establish the number of days you were absent from work due to your medical malpractice law firms issues and the fact that these days off work were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who will give evidence about your physical, emotional, and mental pain as a result of the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed prior to the deadlines that are set by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years of the date that the act or omission committed by a health care provider resulted in the injury or death. As with all laws, this one is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or the patient learns of the diagnosis.

In some instances patients may not recognize the problem until a considerable time later, for example when a foreign object is left in the body following surgery or treatment. This is why many states have enacted a legal concept called the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws of your state and will carefully examine your case's timeline to avoid administrative errors that could delay your claim.