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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a physician does not follow accepted medical practice and it causes 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 reasonable and prudent in providing care. If these standards aren't adhered to and the failure results in harm or health issues patients may be able to file a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty to act reasonably. You must then prove the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions are less than the accepted standard in your specific case. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must also prove that the breach directly caused your injury. This is known as causation and Medical malpractice attorney it is the third element of a negligence claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and with caution. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain types of procedures and treatments.

One of the first elements that must be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be established that the defendant violated the duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a typical person would do in similar circumstances. For instance an honest driver would not stop at when there is a red light.

In a malpractice case expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also explain the cause of the accident and what 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 due to medical negligence. To submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

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 required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were away from work due to medical problems, and medical malpractice attorney proving that these missed days resulted from the defendant’s negligence.

Non-economic damages can be more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental suffering due to the negligence 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 in the same way you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be rejected 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 within the deadlines established by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the time the act or omission committed by the health professional resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. For instance if the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is completed or when the patient learns about the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. To tackle this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is well-versed in the laws of your state and will review your case timeline carefully to avoid any administrative errors which could delay your claims.