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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is not following the accepted medical norms 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 follow a set of standards accepted by the medical malpractice law firms industry as reasonable and prudent when they provide treatment. When those standards are not followed and the result is injuries or health issues, a patient may be able to file a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, you have to prove that the breach of that obligation occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in the particular case. To allow the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty caused you to experience injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The responsibility of medical malpractice law firms care is described in the regulations and standards that apply to certain kinds of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant owed the duty of care for the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is typically determined by what a typical person would do in the same circumstances. A reasonable driver, for instance, would not run the traffic light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and how the standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to avoid 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 make a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses through a review your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were absent from work because of medical complications, and the fact that these days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and could require the assistance of a professional who can give evidence about your physical, emotional, and mental suffering as a result of infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions, and demands for documents and declarations under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the date the act or omission by a health care provider caused death or injury. However as with all laws there are some exceptions to this rule. If, for instance the error committed by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some cases the patient may not realize the problem until a considerable time later for instance, if a foreign body remains within the body after surgery or treatment. In this regard, a majority of states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware of the rules of your state and will review your case's timeline carefully to avoid administrative mistakes that could impede your claim.