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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

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

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical care. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the breach causes injuries or health complications.

The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act reasonably. You then need to prove that the breach occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will review your medical records, and interview or cross-check you in order to arrive at this conclusion.

You must be able to demonstrate that the breach directly led to your injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases you will require a direct cause-and- result relationship between the breach of duty and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with care and caution. Doctors are held to an elevated standard, however, because they are medical experts and can make life-or-death decisions. The duty of care is found in the laws and standards that govern certain types of treatments and medical malpractice law firms procedures.

One of the first things that must be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the given circumstance. The quality of care is usually determined by what a normal person would do under similar circumstances. A reasonable driver, for medical malpractice law firms example will not go through a traffic light.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also provide what caused the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result 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 suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you were absent from work due to your medical conditions and the fact that these missed work days resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who can testify about your physical, emotional, and mental pain as a result of negligence committed by the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to maintain an intimate relationship with your spouse, or any other significant person as you once did. The attorney representing the defendant will challenge your non-economic losses through a process of depositions, interrogatories, and requests for statements and documents under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss the case. A seasoned New York Medical Malpractice Law Firms malpractice lawyer is aware of these specifics and will ensure that your case is filed prior to the deadlines established by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date on which the negligence or act of a medical professional resulted in the death or injury. As with all laws this rule has its exceptions. If, for example, the error of the health professional was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In certain instances, a patient may not be aware of the issue until a long time later, for example, if a foreign body is left within the body after surgery or treatment. To address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific laws in your state and will carefully look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.