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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims receive compensation for their losses. The common law system regulates medical malpractice lawyers malpractice claims.

In common law, doctors are expected to follow a certain standard of care when treating patients. If a physician does not follow accepted medical practice and it results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent when providing treatment. If those standards are not adhered to and the failure results in injuries or health issues the patient could be able to file a medical malpractice lawsuit.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your case. The expert will look over your medical records and interview or examine you in order to determine this.

You must also demonstrate that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In most cases, you'll require a direct cause and result relationship between the breach of duties and the resulting injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being given. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to act with diligence and care. However doctors are held to an even higher standard since they are considered medical experts and have to make life and death decisions. The obligation of care is outlined in laws and standards for specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in the given situation. The standard of care is usually defined by what an average person would do in the same circumstances. For instance an honest driver would not speed through the red light.

In a malpractice case, experts are often required to testify about the standards of care and the manner in which it was breached. They can also provide the cause of the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must also show the number of times you were off work because of your medical condition and also the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the help of a professional who will provide evidence of your physical, emotional and mental distress due to the negligence committed by the defendant. Loss of consortium is another type of non-economic harm. It is the inability of having an intimate, sexual relationship with your spouse or any other significant person like you once did. The defendant's attorney will challenge your non-economic damages by depositions, interrogatories, and requests for statements and documents under oath.

Statute of limitations

Like all states, 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 it. A New York medical malpractice attorneys malpractice attorney who is experienced will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines specified by law.

In most cases, a victim of medical malpractice must present a lawsuit within two and a half years of the date at which the negligence or act of a health care provider caused the injury or death. However as with all laws, there are a few exceptions to this rule. For instance if the health care provider's error was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is completed or the patient learns of the diagnosis.

In certain instances patients may not realize the problem until a considerable time later, for example the case where a foreign body is left within the body after surgery or treatment. In order to solve this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the specific rules of your state and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.