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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being prudent and reasonable when they provide care. If those standards are not met and that failure causes injury or health complications the patient may be able to sue for medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. You then need to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. To enable the expert to make this determination they must be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly led you to suffer injury. Causation is the 3rd element in a claim for malpractice. In most cases, you'll require a direct cause-and- effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered and can result in an adverse reaction, like heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with care and prudence. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant had a duty to care for the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The quality of care is usually defined by what an average person would do in the same situation. A reasonable driver, for example would not operate at a traffic light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the way in which it was violated. They can also discuss what caused the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney will establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings, your medical malpractice lawyer must also establish the number of days you were away from work due to medical complications and the fact that these missed work days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional, and mental pain as a result of negligent actions of the defendant. Loss of consortium is a second type of non-economic injury. This is the inability of having a loving, sexual relationship with your spouse, or any other significant person in the same way you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for statements and documents under the oath.

Statute of limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes of limitations within which a medical malpractice lawsuits malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set by law.

In most instances, [Redirect-302] the victim of medical malpractice must bring a lawsuit within two and a half years of the date on which the act or omission of a medical professional caused the injury or death. However like all laws there are a few exceptions to this rule. If, for example, the error of the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases like when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your attorney will be well-versed in the laws of your state and will review the timeline of your case carefully to avoid administrative mistakes that can derail your claims.