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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims get compensation for their losses. The legal system that governs Winter Park Medical Malpractice Law Firm malpractice cases is built on common law.

In the common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor deviates from accepted medical practice and it results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide care. If the standards aren't followed and if they cause injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. Then, you must show that a breach of that duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

This expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular case. The expert will examine your medical records and then interview or testify against you to make this decision.

You must be able to show that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In the majority of instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to an elevated standard, however, because they are medical experts and make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain kinds of treatments and procedures.

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

In a case of malpractice, experts are often required to testify about the standards of care and the manner in which it was breached. They can also explain the reason for the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To submit a claim for damages, the plaintiff must prove both actual financial losses (such as saratoga springs medical malpractice lawyer expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney defends your losses. Your lawyer will determine your medically required expenses through a review of your medical records, evidence from experts, and the use of economic experts. In order to establish your loss of earnings the medical malpractice lawyer should also show the number of times you were away from work because of your medical issues and the fact that these days off work were the result of the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional distress as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories and depositions as well as requests for documents and statements under the oath.

Statute of limitations

In New York, as with every state, there are specific time limitations - referred to as statutes of limitations - within which a sparks medical malpractice lawyer negligence lawsuit must be filed otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice has to bring a lawsuit within two and a half years of the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. However like with all laws there are some exceptions to this rule. If, for example, the error of the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient has been informed of the diagnosis.

In certain instances, a patient may not be aware of the issue until a considerable time later, for example the case where a foreign body remains within the body after surgery or treatment. To deal with this issue, a majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer is well-versed in the laws of your state and will review the timeline of your case carefully to avoid any administrative errors that could cause delays to your claim.