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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practice and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide treatment. If those standards are not followed and if they cause harm or health issues the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that a breach of that obligation occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions were not in line with the accepted standards in your particular case. To enable the expert to arrive at this conclusion they must be able to look over your medical records and conduct an examination or interview with you.

You also need to establish that the breach of duty caused you to experience injuries. Causation is the third factor in a malpractice claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis, for example one, could result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care is defined in the laws and standards that apply to certain types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant had an obligation to take care of the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. For example, a reasonable driver would not run an intersection with a red light.

In a malpractice case, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also describe how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will be able to determine your medically required expenses through a review of your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney (learn this here now) must prove the loss of your earnings by proving the amount of days that you missed from work because of medical problems, and proving the reason for these absences were the result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and may require the help of a professional who can provide evidence of your physical, emotional and mental suffering because of the negligence committed by the defendant. Loss in consortium is another type of non-economic damage. It is the inability to maintain a romantic, sexual connection with your spouse or any other significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages through a process of depositions, interrogatories, and requests for statements and documents under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date when the act or omission of a medical professional resulted in the death or injury. However like all laws there are some exceptions to this rule. If, for instance, the error committed by the health care provider was part of a continuous treatment plan, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. To solve this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the specific rules of your state and will carefully review your case timeline to avoid any administrative errors that could impede your claim.