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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must observe an ethical standard when treating their patients. If a physician does not follow the accepted medical practices and results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as reasonable and prudent when they provide treatment. A patient may be able to file a lawsuit for medical malpractice if those standards aren't met and the result is injuries or health issues.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act with reasonable care. The next step is to prove that the breach occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will need to review your medical malpractice Law firm records, and interview or cross-check you to make this determination.

You must also establish that the breach directly led to your injury. Causation is the third element in a claim for malpractice. In the majority of cases, you'll require a direct cause and effect connection between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and results in an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal duty to act with reasonable care and prudence. However, doctors are held to a higher standard due to the fact that they are medical experts and deal with life and death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain types of treatments and procedures.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor did not adhere to the standard of care in the particular situation. The quality of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for instance would not operate at a traffic light.

In a malpractice case expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also explain the reason behind the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to make 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 you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice law firms malpractice lawyer must prove that you lost your earnings by proving the number of days you were absent from work due your medical issues, and that these missed days were a result of the defendant’s negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic damage. It is the inability of having an intimate, sexual relationship with your spouse or other significant person as you once did. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will 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 before the deadlines specified by law.

In most cases, victims of medical malpractice has to present a lawsuit within two and a half years from the date at which the negligence or act of a medical professional caused the injury or death. As with all laws, this rule is not without exceptions. If, for instance the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain situations. Your lawyer is familiar with the laws of your state and will go over your case's timeline carefully to avoid administrative errors which could delay your claims.