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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor deviates from the accepted medical malpractice law firm practices 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 a set of standards accepted by the medical industry as being reasonable and prudent when they provide healthcare. If these standards aren't met and that failure causes injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. The next step is to prove that the breach of this duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular circumstance. To enable the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and results in an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to exercise reasonable care and with caution. However doctors are held to an even higher standard due to the fact that they are medical experts and are able to make life and death decisions. The obligation of care is defined in the law and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what an ordinary person would do under the same situation. For instance the reasonable driver would not stop at when there is a red light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care that was violated and how this standard was violated. They can also discuss the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that might arise due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were away from work because of medical problems, and proving that these missed days were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the help of a professional who can testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Loss of consortium is a different type of non-economic injury. It is the inability to have an intimate relationship with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions as well as requests for documents or sworn statements.

Statute of limitations

As in every state, 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 the case. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines set by law.

In the majority of cases, a victim of medical malpractice attorneys malpractice must bring a lawsuit within two and a half years of the date at which the negligence or act of a healthcare professional resulted in the death or injury. However as with all laws there are some exceptions to this rule. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases, such as when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. For this reason, most states have enacted a legal concept called the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of specific rules of your state and will go over the timeline of your case to ensure that there are no administrative mistakes that could impede your claim.