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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must follow the highest standards of care when treating their patients. If a physician does not follow the accepted medical norms and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

medical malpractice attorneys professionals must adhere to a set standards accepted by the medical industry as reasonable and prudent when providing healthcare. If the standards aren't adhered to and the failure results in injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. Then, you must show that a breach of that obligation occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

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

It is also necessary to prove that the breach of duty directly caused the injury. This is known as causation and it is the third component of a malpractice claim. In most cases, you'll require a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance one, could result in prescribing the wrong medication or treatment being given. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are legally bound by a duty to act with reasonable care and be cautious. However, medical malpractice doctors are held to a more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is defined in the law and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example would not operate a traffic light.

In a malpractice case experts are usually needed to testify on the standard of care and how it was violated. They can also explain how the injury was caused and what could be done to prevent it from happening.

Damages

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

The amount 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 by examining your medical records, the testimony of experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you have missed from work due your medical issues, and the reason for these absences were the result of the negligence of the defendant.

The non-economic loss can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional, and mental distress as a result of the infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed within the deadlines established by law.

In most cases, medical malpractice the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission of a health care provider resulted in the death or injury. However, as with all laws there are some exceptions to this rule. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30 month legal "clock" will not begin until the treatment is completed or when the patient is informed of the diagnosis.

In some instances like when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. To solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the rules of your state and will scrutinize your case's timeline carefully to avoid administrative errors that could impede your claim.