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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor does not adhere to the accepted medical norms and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent when providing care. If the standards aren't followed and if they cause harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first part of 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 manner. Then, you have to prove that the breach of that duty occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the accepted standard in your particular case. The expert will need to review your medical records, and then interview or testify against you in order to arrive at this conclusion.

It is also necessary to establish that the breach of duty directly led you to suffer injury. This is known as causation and it is the third element of a malpractice claim. In most cases you will require a direct cause & effect relationship between the breach of duties and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered, which could result in an adverse reaction like heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise care and prudence. However, doctors are held to an even higher standard since they are considered medical experts and deal with life and death decisions. The duty of care is set in the regulations and standards that are situated for specific types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance will not go through a traffic light.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care violated and how this standard was breached. They can also describe the reason for the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days that you missed from work because of medical conditions, and also that these days were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the help of a professional who will give evidence about your physical, emotional and mental distress as a result of the infractions committed by the defendant. Loss of consortium is a different type of non-economic injury. This is the inability to have an intimate, sexual relationship with your spouse, or any other significant person like you once did. The attorney representing the defendant will challenge your non-economic damages through depositions, interrogatories, and requests for documents and evidence under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission by an health professional caused the death or injury. As with all laws, this one is not without exceptions. For instance when the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some instances the patient may not be aware of the issue until quite a while later for instance in the event that a foreign substance is left within the body after surgery or treatment. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the specific laws in your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.