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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being reasonable and prudent when providing healthcare. A patient may be eligible to file a claim for medical malpractice if these standards aren't met and the result is injuries or health issues.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person had a legal obligation to act with reasonable care. The next step is to prove that the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were less than the accepted standard in your situation. To allow the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly led 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 require a direct cause-and- result connection between the breach of duty and the resulting injury. A misdiagnosis for instance may result in prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to behave with reasonable care and caution. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by the duty of care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is typically determined by what an ordinary person would do under similar situations. For example the reasonable driver wouldn't run when there is a red light.

In a malpractice case, expert witnesses may be required to testify about the standard of care violated and how this standard was violated. They can also discuss what caused the injury and suggest ways to 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 submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. For your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you were absent from work due to medical conditions and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who will be able to testify about your physical, emotional and mental suffering because of the infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of depositions, interrogatories, and requests for documents and statements under the oath.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and will ensure that your claim is filed within the deadlines stipulated by law.

In most cases, a victim of medical malpractice must present a lawsuit within two and a half years from the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance, if the error made by the health care provider was a part of a continual 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.

In some cases it is possible that a patient will not discover the problem until quite a while later for instance when a foreign object remains in the body following surgery or treatment. For this reason, most states have enacted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will go over your case timeline carefully to avoid any administrative errors which could delay your claims.