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Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as being prudent and reasonable when they provide care. If these standards aren't adhered to and the failure results in injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity was bound to act reasonably. You must then prove the breach occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fall below the standard of care that is accepted in the particular case. The expert will examine your medical records and interview or cross-check you to make this decision.

You must also be able to establish that the breach of duty caused the injury. This is known as causation, and it is the third component of a negligence claim. In the majority of cases, you will require a direct cause-and- result connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being prescribed and could result in an adverse reaction, like a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and prudence. However doctors are held to an even higher standard because they are considered experts in medicine and deal with life and death decisions. The duty of care can be found in the laws and standards that govern specific types of treatment and procedures.

In a case of negligence it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is generally determined by what a reasonable person would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.

In a case of malpractice, expert witnesses are often needed to testify about the standard of care and the way in which it was violated. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file a claim for vimeo damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you were absent working due to medical issues, and the reason for these absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional pain as direct result of the defendant's negligence. Loss of consortium is a different kind of non-economic loss. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant person as you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories and requests for documents and vimeo sworn testimony.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will not dismiss the case. A New York yazoo city medical malpractice lawsuit malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines and ensure that your claim is filed within the deadlines specified by law.

In most cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission of an health professional caused the death or injury. However, as with all laws, there are a few exceptions to this rule. If, for instance the error of the health professional was part of a continuous treatment plan, then the "clock" of 30 months won't start 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 long time later for instance in the event that a foreign substance remains in the body following surgery or treatment. Because of this, many states have adopted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer will be familiar with the rules of your state and will review your case timeline carefully to avoid administrative errors that can derail your claims.