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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a physician does not follow the accepted medical practices and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. If these standards aren't met and that failure causes harm or health issues, a patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. You then need to prove that the breach occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in the particular case. The expert will look over your medical records and also interview or question you in order to make this decision.

It is also necessary to establish that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third component of a negligence claim. In most cases, you'll require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, medical malpractice lawyer which could result in an adverse reaction like heart attacks.

Breach of Duty

As with all people, have a legal duty to act with reasonable care and caution. However doctors are held to an even higher standard since they are considered medical experts and deal with life and death decisions. The obligation of care is found in the laws and standards that govern specific types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is generally determined by what a reasonable person would do in the same situation. A reasonable driver, for example will not go through the traffic light.

In a case of malpractice expert witnesses could be required to testify about the standard of care that was breached and how the standard was violated. They can also describe what caused the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential damages that could result from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. For your loss of earnings your medical malpractice lawyer has to show the number of times you were off work because of your medical conditions and the fact that these absences resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional, and mental distress as a result of negligence of the defendant. Loss in consortium is another type of non-economic injury. This is the inability to enjoy a romantic, sexual connection with your spouse or Medical Malpractice lawyer any other significant individual as you once did. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court could dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed by the deadlines set by law.

In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years from the date that the negligence or act of a health care provider resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. For instance, if the error made by the health professional was a part of a continual course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not discover the problem until a long time later for instance in the event that a foreign substance is left in the body following surgery or treatment. To address this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific laws of your state, and will carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.