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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe the standard of care when treating their patients. If a doctor does not adhere to accepted medical practices and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent when providing treatment. A patient may be able to file a lawsuit for medical malpractice if the standards aren't adhered to and the failure results in injuries or health problems.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they were bound to act reasonably. The next step is to prove that a breach of that obligation occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your specific case. To enable the expert to determine this, they will need to be able review your medical records and conduct an examination or interview of you.

You must also show 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 will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and results in an adverse reaction like a heart attack.

Breach of Duty

Like all people, are legally bound by a obligation to exercise reasonable care and be cautious. However, doctors are held to a higher standard due to the fact that they are considered medical experts and have to make life and death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific types of procedures and treatments.

In a case of negligence it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not adhere to the standard of care applicable to the situation. The standard of care is typically defined by what an average person would do under the same circumstances. For example, a reasonable driver would not speed through a red light.

In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was breached and the way in which this standard was violated. They can also provide the reason for the injury and explain how they could have prevented it.

Damages

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

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice law firm malpractice attorney fights for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must show the number of times you were absent from work due to your medical complications and the fact that these missed work days resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need the assistance of a professional witness who can describe your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Loss in consortium is another type of non-economic damage. This is the inability to maintain an intimate, sexual relationship with your spouse or other significant person like you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines specified by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by a health care provider resulted in injury or death. Like all laws, this rule has its exceptions. If, medical malpractice lawsuit for example, the error of the health professional was part of a continuing course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations such as when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. In order to address this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws in your state and will examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.