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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 claims.

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable in providing medical healthcare. If those standards are not followed and the result is harm or health issues patients may be able to file a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person owed you a duty to act reasonably. Then, you need to prove the breach of the obligation occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

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

You must also be able to establish that the breach of duty caused you to suffer injuries. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you will need a direct cause and effect relationship between the breach of duties and the resulting injury. For instance, medical Malpractice attorney a mistake in diagnosis could result in the wrong medication or treatment being prescribed and results in an adverse reaction such as a heart attack.

Breach of Duty

As with all people, have a legal obligation to exercise reasonable care and prudence. However, doctors are held to a higher standard because they are considered medical experts and deal with life and death decisions. The duty of care is set in the law and standards which are applicable to specific types of treatments and procedures.

One of the primary elements that must be proven in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for example would not operate an intersection at a stoplight.

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 a detailed explanation of the reason for the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result due to medical negligence. To make 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 pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, testimony from experts, and the use of economic experts. In order to prove your loss of earnings the medical malpractice lawyer must also prove the number of days you were absent from work due to medical complications and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can explain your mental, physical, and emotional pain that is an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for documents and evidence under the oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, a victim of medical malpractice has to bring a lawsuit 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. For instance, if the error of the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to address this issue, medical malpractice attorney the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the laws of your state and will go over the timeline of your case with care to avoid administrative mistakes which could delay your claims.