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Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being sensible and prudent in providing healthcare. A patient may be able to file a lawsuit for medical malpractice if those standards aren't being met and the breach causes injury or health complications.

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

This expert witness will determine if the defendant's actions were below the accepted standard of care in your particular circumstance. In order for the expert to arrive at this conclusion, they will need to be able to review your medical records and conduct an examination or interview of you.

It is also necessary to prove that the breach of duty directly led you to experience injuries. Causation is a third element in a claim for malpractice. In the majority of cases, you will require a direct cause & result relationship between the breach of duties and the resulting injury. A misdiagnosis, for example one, could result in the wrong medication being prescribed or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to act with care and prudence. Doctors are held to an elevated standard however, since they are medical experts who make life-or-death decisions. The duty of care is set in the laws and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant was bound by the duty of care for the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The standard of care is usually determined by what a typical person would do in similar circumstances. For example, a reasonable driver would not speed through when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also provide a detailed explanation of the cause of the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to file 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 pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. In order to prove your loss of earnings the medical malpractice lawyer has to demonstrate the number of days you missed work due to medical issues and the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your physical, mental and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. It is the inability to maintain a romantic, sexual connection with your spouse or other significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through depositions, interrogatories, and requests for documents and evidence under the oath.

Statute of limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines set by law.

In the majority of instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. As with all laws this law is not without exceptions. For instance when the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the treatment is complete or the patient becomes aware of the diagnosis.

In some instances, a patient may not realize the problem until a considerable time later, for example in the event that a foreign substance is left in the body following surgery or medical malpractice attorney treatment. To solve this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be familiar with the laws of your state and will go over your case's timeline carefully to avoid any administrative errors which could delay your claims.