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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyers malpractice lawyer can help victims get compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician violates accepted medical practice and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in providing medical care. If the standards aren't followed and the result is harm or health issues the patient could be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act with reasonable care. The next step is to prove the breach of the duty occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your situation. To allow the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty caused the injury. Causation is a third element in a claim for malpractice. In most cases, you'll require a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescriptions for the wrong drug or treatment being given. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise care and prudence. Doctors are held to a higher standard however, since they are medical experts who make life-or-death decisions. The obligation of care is outlined in laws and standards for certain types of treatments and procedures.

One of the primary elements that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For example an honest driver would not speed through when there is a red light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care violated and the manner in which this standard was violated. They can also explain what caused the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential loss that may 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 received from a successful malpractice case is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days that you missed from work due your medical conditions, and also that these days were the result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can explain your mental, physical, and emotional pain as an direct result of defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and requests for statements and documents under oath.

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. If not the court could dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed by the deadlines set by law.

In the majority of cases, a 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 by the health professional resulted in the death or injury. As with all laws, this one is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some cases patients may not recognize the problem until a considerable time later, Medical Malpractice Lawsuit for example the case where a foreign body is left within the body after surgery or treatment. This is why many states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware of the rules of your state and will scrutinize your case timeline carefully to avoid any administrative errors that could impede your claim.