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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe a standard of care in treating their patients. If a doctor violates accepted medical procedures and results in injury or death, the doctor could be held liable for negligence.

Duty of Care

medical malpractice lawsuits professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when providing healthcare. When those standards are not followed and if they cause harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that the breach of this obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. The expert will need to review your medical records, and then interview or testify against you in order to determine this.

You must be able to prove that the breach directly led to your injury. Causation is the third factor in a claim for malpractice. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction, like a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to behave with reasonable care and with caution. Doctors are held to a higher standard due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care is defined in the laws and standards which are applicable to specific kinds of treatments and procedures.

One of the first elements that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The quality of care is usually determined by what a reasonable person would do in the situation. For instance an honest driver wouldn't run a red light.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also explain the cause of the injury and what could have prevented 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 file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish your medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you have missed from work due your medical complications, and that these days were a result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can explain your mental, physical, and emotional suffering as direct result of 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 as you did with your spouse or your significant other. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories and depositions and requests for documents and sworn testimony.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines and will ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission by the health professional resulted in the injury or death. As with all laws this one is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or the patient learns about the diagnosis.

Additionally, in some cases like when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to tackle this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will review the timeline of your case with care to avoid mistakes in the administration which could delay your claims.