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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician violates accepted medical procedures and results in injury or death, Medical Malpractice they could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as being prudent and reasonable when they provide care. If the standards aren't followed and if they cause harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

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

You must be able to prove that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In most cases, you'll need a direct cause and result relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and can result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with care and prudence. Doctors are held to an elevated standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is outlined in the regulations and laws for specific types of treatments and procedures.

One of the first things that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for instance would not use the traffic light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care that was violated and how the standard was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to make an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can prove your medically necessary expenses through a thorough review of your medical records, evidence 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 you were away from work due your medical issues, and that these days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and could require the help of a professional who can provide evidence of your physical, emotional and mental distress due to the negligence of the defendant. Loss of consortium is a different type of non-economic damage. It is the inability to enjoy an intimate, sexual relationship with your spouse or other significant person as you used to. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through depositions, interrogatories, and demands for documents and declarations under oath.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.

In most instances, the victim of medical malpractice lawyers malpractice must file his or Medical Malpractice her lawsuit within two and a half years from the date at which the act or omission of a health care provider caused the injury or death. As with all laws, this rule has its exceptions. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is completed or until the patient learns about the diagnosis.

In some instances, a patient may not realize the problem until a long time after for instance the case where a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will know the specific rules of your state and carefully look over your case's timeline in order to ensure that there are no administrative mistakes that can derail your claim.