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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 built on common law.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor is not following the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. If these standards aren't followed and if they cause injuries or health issues patients may be able to bring a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity owed you a duty to act reasonably. Then, you need to prove that the breach of this duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness can help determine whether the defendant's actions are below the standard of care in your situation. The expert will look over your medical records and also interview or question you in order to make this decision.

You must be able to establish that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis, for instance may result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to higher standards however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in the regulations and laws for certain types of treatments and procedures.

One of the first things that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not use a traffic light.

In a case of malpractice, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also provide the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any losses that may arise from medical negligence. To file an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you have missed working due to medical issues, and that these missed days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and medical malpractice attorney loving relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages by interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

In New York, as with every state, there are certain time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the time the act or omission of a health care provider caused death or injury. However as with all laws, there are a few exceptions to this rule. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30-month legal "clock" will not begin until the treatment is complete or the patient learns of the diagnosis.

In some instances, such as when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. In order to tackle this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific laws of your state and will review your case timeline to ensure that there are no administrative mistakes that can derail your claim.