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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor violates accepted medical practice and results in injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when providing care. Patients may be eligible to file a claim for medical malpractice if the standards aren't followed and the failure results in injuries or health issues.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was obligated to act in a reasonable manner. Then, you need to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in the particular case. The expert will need to look over your medical records and interview or examine you to arrive at this conclusion.

You must be able to show that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to act with care and prudence. Doctors are held to a higher standard however, since they are medical malpractice litigation experts who make life-or-death decisions. The responsibility of medical care is described in the law and standards that apply to certain kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The quality of care is usually determined by what a reasonable individual would do in the same situation. For example, a reasonable driver would not speed through when there is a red light.

In a malpractice case, expert witnesses may be required to testify about the standard of care that was not met and the way in which this standard was breached. They can also provide a detailed explanation of how the injury occurred and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical malpractice law expenses and medical malpractice attorney lost wages) as well as non-economic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer has to establish the number of days you missed work due to medical condition and also the fact that these days off work resulted from the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can provide details of your physical, mental, and emotional distress as a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. It is the inability to have an intimate, sexual relationship with your spouse, or any other significant person in the same way you used to. The attorney representing the defendant will challenge your non-economic damages by interrogatories, depositions and requests for statements and documents under swearing.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical malpractice compensation negligence is required to be able to file a lawsuit within two and a half years of the date that the act or omission made by an health professional caused death or injury. As with all laws, this rule has its exceptions. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the treatment is completed or the patient becomes aware of the diagnosis.

In certain instances, a patient may not recognize the problem until quite a while later for instance when a foreign object remains in the body following surgery or treatment. Because of this, many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your lawyer is familiar with the laws of your state and will examine the timeline of your case with care to avoid mistakes in the administration that can derail your claims.