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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from the accepted medical standard and results in an injury or death it could be liable 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 in their treatment. If those standards are not followed and the result is injuries or health problems patients may be able to bring a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions are below the accepted standard in your particular case. The expert will need to look over your medical records and interview or examine you in order to make this determination.

You must be able to establish that the breach directly caused your 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 subsequent injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with care and caution. However doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a typical person would do in similar circumstances. A reasonable driver, for instance would not use a traffic light.

In a case of malpractice, expert witnesses 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 the reason behind the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from Medical malpractice Law Firms negligence. To file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you are awarded from a successful lawsuit for medical Malpractice law firms malpractice is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer must establish the number of days you missed work due to your medical complications and the fact that these days off work were the result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can describe your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss in consortium is another type of non-economic injury. It is the inability to maintain an intimate relationship with your spouse or other significant person as you used to. The defendant's lawyer will challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents and sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission of a health care provider caused injury or medical malpractice law firms death. However like all laws there are some exceptions to this rule. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the course of treatment is completed or when the patient is informed of the diagnosis.

In some instances, a patient may not discover the problem until a long time later for instance when a foreign object is left within the body after surgery or treatment. For this reason, most states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be well-versed in the laws of your state and will review the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.