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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 legal system that governs medical malpractice cases is based on common law.

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

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical malpractice attorney profession as sensible and prudent in providing healthcare. If these standards aren't met and that failure causes injuries or health issues patients may be able to sue for 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 fair manner. The next step is to 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 situation.

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

You must be able to prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and caution. Doctors are held to a higher standard but because they are medical experts and make life-or-death decisions. The duty of care can be found in laws and standards for specific kinds of treatments and procedures.

One of the first things to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care appropriate to the circumstances. The quality of care is usually determined by what a reasonable person would do in the same situation. For example, a prudent driver would not stop at an intersection with a red light.

In a lawsuit involving a malpractice experts may be required to testify regarding the standard of care that was violated and how this standard was violated. They can also explain the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your lawyer will determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer must also show the number of times you were off work due to your medical condition and also the fact that these missed work days resulted from the negligence of the defendant.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can describe your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories, depositions, as well as requests for documents or sworn statements.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed prior to the deadlines stipulated 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 date the act or omission made by the health professional caused the death or injury. However like all laws, there are a few exceptions to this rule. For instance if the health care provider's error was part of an ongoing course of treatment, the 30-month statutory "clock" will not begin until the treatment is completed or when the patient is informed of the diagnosis.

In some cases, a patient may not recognize the problem until a long time later for instance, if a foreign body is left within the body after surgery or treatment. For this reason, most states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain instances. Your attorney will know the specific laws of your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.