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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that regulates medical malpractice law firms malpractice cases is built on common law.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is not following the accepted medical standard and results in injury or death 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 being reasonable and prudent when providing healthcare. A patient may be eligible to file a claim against a medical professional if those standards aren't being met and the result is injuries or health problems.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a fair manner. Then, you have to prove that a breach of that obligation occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were below the standard of care in your situation. To allow the expert to make this decision they must be able to look over your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. Doctors are held to a higher standard but because they are medical experts and make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that govern specific types of treatments and Medical malpractice procedures.

In a case of negligence it is important to establish that the defendant owed the obligation of taking care of the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is usually defined by what an average person would do in similar situations. For example the reasonable driver would not run when there is a red light.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care violated and how this standard was violated. They can also describe the reason behind the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice case is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must prove the number of days you were away from work because of your medical issues and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can detail your mental, physical, and emotional pain as direct result of the defendant's negligence. Other forms of non-economic damages 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 for the defendant will contest your noneconomic damages by way of depositions and interrogatories as well as requests for documents and sworn statements.

Statute of Limitations

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

In most instances, the victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the negligence or act of a medical professional caused the injury or death. However like with all laws there are some exceptions to this rule. For instance, Medical malpractice if the error of the health care provider was a part of a continual course of treatment, the "clock" of 30 months won't start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases the patient may not be aware of the issue until quite a while later, for example, if a foreign body is left within the body after surgery or treatment. To address this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific laws in your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes that could delay your claim.