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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help victims receive compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor deviates from the accepted medical norms and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when they provide care. If those standards are not met and that failure causes injuries or health issues, a patient may be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity owed you a duty to act in a reasonable way. Then, you have to prove that a breach of that obligation occurred. This is usually done expert testimony that can provide an objective analysis and medical malpractice attorney evaluation.

This expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third component of a negligence claim. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, medical malpractice attorney which results in an adverse reaction such as heart attacks.

Breach of Duty

Like all people, are legally bound by a obligation to exercise reasonable care and prudence. However doctors are held to a higher standard since they are considered experts in medicine who make life and death decisions. The duty of care is set in the regulations and standards which are applicable to specific types of treatments and procedures.

In a case of negligence, it is important to establish that the defendant was bound by the duty of care for the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is usually defined by what an average person would do in similar circumstances. For example, a prudent driver would not run the red light.

In a malpractice case expert witnesses could be required to testify regarding the standard of care that was violated and the manner in which this standard was violated. They can also provide a detailed explanation of 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 have malpractice insurance to protect the potential losses that could result from medical negligence. To file a claim 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 suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were absent from work due to medical conditions, and also that these missed days were the result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who will give evidence about your physical, emotional, and mental distress due to the negligence of the defendant. Loss in consortium is another type of non-economic harm. It is the inability to enjoy a loving, sexual relationship with your spouse or any other significant individual as you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions as well as requests for documents and sworn testimony.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission of medical professionals resulted in injury or death. However as with all laws there are a few exceptions to this rule. If, for instance, the error made by the health care provider was a part of a continual course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept of discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer is aware of the rules of your state and will scrutinize your case timeline carefully to avoid administrative errors that can derail your claims.