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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, medical malpractice law Firm doctors must follow the standard of care when treating their patients. If a doctor violates accepted medical practice and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent when providing treatment. If those standards are not followed and the result is injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing 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 manner. The next step is to prove that the breach of this duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the case.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your particular case. The expert will look over your medical records and interview or cross-check you to make this determination.

You also need to establish that the breach of duty caused you to experience injury. This is known as causation, and it is the third element in a negligence claim. In most cases, you'll require a direct cause-and- result connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to the wrong medication being prescribed or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a obligation to behave with reasonable care and medical Malpractice law Firm prudence. Doctors are held to a higher standard but because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant breached that duty of care. This means that the doctor failed to perform to the required standard of care for the situation. The standard of care is usually determined by what a reasonable individual would do in the situation. For instance the reasonable driver would not run an intersection with a red light.

In a case of malpractice expert witnesses could be required to testify regarding the standard of care violated and how this standard was breached. They can also discuss how the injury was caused and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical malpractice law firm negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount you are awarded from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your lawyer will determine your medically required expenses through a review your medical records, the testimony of experts and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were absent from work because of medical conditions, and also the reason for these absences were the result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can explain your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest your non-economic losses through interrogatories and depositions as well as requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines that are set by law.

In the majority of cases, a victim of medical negligence has to bring a suit within two and a half years from the date the act or omission made by medical professionals caused the death or injury. Like all laws, this rule has its exceptions. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is completed or when the patient learns of the diagnosis.

Additionally, in some cases such as when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules in your state and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.