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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must follow the standard of care when treating their patients. If a physician violates accepted medical practices and results in injury or death the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being sensible and prudent in providing medical care. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the result is injury or health complications.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions are below the standard of care in your case. In order for the expert to make this determination they must be able to examine your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly caused you to experience injuries. This is known as causation, and Medical Malpractice Lawyer it is the third element of a negligence claim. In the majority of cases, you'll need a direct cause and result relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which could result in an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The obligation of care can be found in the regulations and laws for certain types of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The standard of care is typically 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 malpractice lawsuit experts may be required to testify regarding the standard of care violated and the manner in which this standard was breached. They can also explain the cause of the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result from medical negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. In order to prove your loss of earnings Your medical malpractice lawyer should also establish the number of days you were absent from work because of your medical condition and also the fact that the absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who can provide evidence of your physical, emotional and mental suffering due to the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of Limitations

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

In most cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission by a health care provider caused the injury or death. Like all laws, this one is not without exceptions. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

Additionally, in certain instances, such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. To deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is well-versed in the laws of your state and will scrutinize the timeline of your case with care to avoid administrative errors which could delay your claims.