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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get 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 highest standards of care when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing healthcare. A patient may be in a position to file a lawsuit for medical malpractice if these standards aren't being met and the failure results in injuries or health complications.

The first thing to do in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you an obligation to act reasonably. Then, you need to prove that the breach of this duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will need to look over your medical records and then interview or testify against you in order to make this determination.

You must be able to show that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else medical malpractice attorneys professionals, doctors are under a legal obligation to act with diligence and care. However, doctors are held to a higher standard since they are considered medical experts and have to make life and death decisions. The duty of care is set in the rules and regulations which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is vital to prove that the defendant had the obligation of taking care of the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in the given situation. The quality of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for instance would not use an intersection at a stoplight.

In a case of negligence, experts are usually needed to testify on the standard of care and the manner in which it was breached. They can also describe the reason for the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To submit an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were away from work due your medical issues, Medical Malpractice Lawyer and the fact that these days were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can detail your physical, mental, and emotional pain that is direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed before the deadlines that are set by law.

In the majority of cases, the victim of medical negligence has to bring a suit within two and a half years from the date the act or omission made by medical professionals resulted in death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances for instance, when the foreign object remains in the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. To deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws of your state, and will carefully look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.