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Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following accepted medical practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when providing healthcare. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't met and the result is injuries or health problems.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is typically done an expert witness that can provide an objective analysis and evaluation.

The expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular circumstance. The expert will examine your medical records and also interview or question you to make this decision.

It is also necessary to prove that the breach of duty directly caused you to suffer injuries. This is known as causation, and it is the third requirement of a malpractice claim. In most instances, you'll require a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and results in an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However, doctors are held to an even higher standard because they are considered medical experts and deal with life and death decisions. The duty of care is outlined in the regulations and standards which are applicable to specific types of treatments and procedures.

One of the first things to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The quality of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance would not use a traffic light.

In a case of negligence, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also provide the cause of the injury and what could have prevented it from happening.

Damages

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

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. In order to establish your loss of earnings the medical malpractice lawyer has to prove the number of days you were away from work due to your medical condition and also the fact that these days off work were the result of the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the assistance of a professional who will testify about your physical, emotional and mental suffering due to the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories along with requests for documents or sworn statements.

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 will not dismiss it. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date when the negligence or act of a medical professional resulted in the death or injury. However like with all laws there are some exceptions to this rule. If, for example, the error made by the health care provider was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific rules in your state, and will carefully examine your case's timeline to avoid any administrative errors that can derail your claim.