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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is not following accepted medical practice and it causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their care. A patient could be eligible to file a claim for medical malpractice if those standards aren't followed and the failure causes injuries or health complications.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act in a reasonable way. Then, you need to prove that a breach of that duty occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in your particular circumstance. To allow the expert to make this decision they must be able to look over your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty caused you to experience injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which could result in an adverse reaction, like heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and prudence. Doctors are held to a higher standard, however, because they are medical experts who make life-or-death decisions. The obligation of care is defined in the law and standards that are situated for specific types of procedures and treatments.

One of the first things that must be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For instance, a reasonable driver wouldn't run when there is a red light.

In a case of malpractice experts could be required to provide evidence on the standard of care that was violated and the way in which this standard was breached. They can also provide what caused the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To bring 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 of money you will receive from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will establish your medically necessary expenses through a review your medical malpractice lawsuits records, testimony from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days that you missed from work because of medical issues, and that these days were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who will provide evidence of your physical, emotional, and mental pain as a result of the negligence of the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to enjoy an intimate relationship with your spouse, or any other significant person like you used to. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court could dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines set forth by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date when the negligence or act of a medical professional caused the injury or death. Like all laws, this one is not without exceptions. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until the course of treatment is completed or until the patient learns about the diagnosis.

In certain instances the patient may not realize the problem until quite a while later, for example in the event that a foreign substance remains in the body following surgery or treatment. In order to solve this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is well-versed in the laws of your state and will review the timeline of your case carefully to avoid mistakes in the administration which could delay your claims.