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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must observe a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in their medical care. If the standards aren't met and that failure causes injuries or health issues patients may be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person owed you a duty to act reasonably. Then, you need to prove the breach of the duty occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your case. The expert will review your medical records, and then interview or testify against you to arrive at this conclusion.

You also need to establish that the breach of duty directly caused the injuries. Causation is the third element in a malpractice lawsuit. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example one, could result in prescribing the wrong medication or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with care and caution. However, doctors are held to a higher standard due to the fact that they are considered medical experts who make life and death decisions. The duty of care can be found in the regulations and laws for specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is usually determined by what a reasonable individual would do in the situation. For instance, a prudent driver wouldn't run the red light.

In a malpractice lawsuit expert witnesses could be required to testify regarding the standard of care that was violated and how this standard was violated. They can also discuss the reason for the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result from medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice law firm malpractice lawyer presents the case for your losses. Your attorney can determine your medically required expenses through a review your medical records, testimony from experts, and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must also demonstrate the number of days you were off work due to medical conditions and the fact that these absences were the result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can describe your physical, mental, and emotional pain as a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic damage. This is the inability to maintain an intimate, sexual relationship with your spouse, or any other significant person in the same way you used to. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories, depositions, and also requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed, or otherwise it will be rejected by the courts. An experienced New York medical malpractice law firm malpractice lawyer is well-versed in these details and will make sure that your claim is filed within the deadlines established by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years of the date that the negligence or act of a healthcare professional resulted in the death or injury. As with all laws, this law is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is completed or the patient learns of the diagnosis.

Additionally, in certain instances, such as when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. This is why many states have enacted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid administrative mistakes that could impede your claim.