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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids 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 a certain level of care when treating patients. If a physician violates accepted medical practice and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as being prudent and reasonable when providing treatment. A patient could be able to file a lawsuit against a medical professional if those standards aren't followed and the failure results in injury or health complications.

The first step in 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 way. You must then prove that the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your situation. To enable the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will need a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to exercise reasonable care and caution. However doctors are held to a more stringent standard because they are considered medical experts and are able to make life and death decisions. The obligation of care can be found in the regulations and laws for certain types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance would not use at a traffic light.

In a case of malpractice, expert witnesses are typically required to testify about the standards of care and the way in which it was violated. They can also explain the reason for the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to file a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer will establish the medically necessary expenses through a review of your medical records, evidence from experts and the assistance of economic experts. For your loss of earnings the medical malpractice lawyer must prove the number of days you missed work due to your medical complications and the fact that the absences were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines specified by law.

In most cases, the victim of medical malpractice law firms negligence has to bring a suit within two and a half years from the time the act or omission of medical professionals resulted in death or injury. As with all laws this rule is not without exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not begin until that course of treatment is completed or until the patient learns of the diagnosis.

In some instances, such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the rules of your state and will review the timeline of your case with care to avoid any administrative errors that could cause delays to your claim.