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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical procedures and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being prudent and reasonable when they provide healthcare. When those standards are not followed and if they cause injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

The expert witness can determine whether the defendant's actions were below the standard of care in your case. To allow the expert to make this determination, they will need to be able to look over your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty caused you to suffer injury. Causation is the third factor in a malpractice claim. In most cases you will require a direct cause and result connection between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction such as heart attacks.

Breach of Duty

As with all people, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to an even higher standard, however, because they are medical experts who make life-or-death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

One of the primary elements that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not meet the standard of care in the given circumstance. The standard of care is typically determined by what a reasonable person would do in the situation. A reasonable driver, for example, would not run the traffic light.

In a malpractice case, expert witnesses may be needed to testify on the standard of care that was violated and how the standard was violated. They can also discuss the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any damages that could result from medical negligence. To make an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. In order to establish your loss of earnings your medical malpractice lawyer must show the number of times you missed work because of your medical complications and the fact that these absences resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who can be able to testify about your physical, emotional, and mental suffering due to the negligence committed by the defendant. Loss of consortium is another type of non-economic injury. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant individual as you used to. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories and depositions as well as requests for documents and statements under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice attorneys malpractice lawsuit can be filed. Otherwise the court will decide to dismiss the case. A New York Medical malpractice law firm (Artrecord.kr) malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice must make a claim within two and a half years of the date that the negligence or act of a doctor or other health professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for instance the error of the health professional was a part of a continual treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in some cases, such as when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. Because of this, many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer is well-versed in the laws of your state and will review the timeline of your case with care to avoid administrative mistakes which could delay your claims.