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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 governs medical malpractice cases is founded on common law.

In common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor violates accepted medical practices and results in death or injury, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing treatment. If those standards are not adhered to and the failure results in injuries or health problems the patient could be able to file a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was obligated to act reasonably. You must then prove that the breach occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular situation. To enable the expert to make this determination, they will need to be able review your medical malpractice law firm records and conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. Causation is the third factor in a claim for malpractice. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being prescribed and can result in an adverse reaction, like a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal duty to act with reasonable care and prudence. Doctors are held to an elevated standard but because they are medical experts and can make life-or-death decisions. The duty of care is outlined in the laws and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant had a duty to care for the plaintiff. It must be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The quality of care is usually determined by what a typical person would do in the same situation. A reasonable driver, for example would not use an intersection at a stoplight.

In a case of negligence, experts are usually needed to testify about the standard of care and the way in which it was violated. They can also discuss the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any losses that might arise from medical negligence. To submit an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically essential costs by examining your medical malpractice attorneys records, utilizing expert testimony and consulting economic experts. For the loss of your earnings your medical malpractice lawyer must prove the number of days you were off work due to your medical condition and also the fact that these missed work days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can describe your mental, physical, and emotional pain that is directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic harm. It is the inability of having a romantic, sexual connection with your spouse or any other significant person in the same way you once did. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as requests for statements and documents 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 malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines set by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission made by a health care provider resulted in injury or death. However, as with all laws there are some exceptions to this rule. For instance, if the error made by the health professional was part of a continuous course of treatment, the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances, such as when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules in your state and carefully go over the timeline of your case to avoid administrative errors that could impede your claim.