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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a physician violates accepted medical practice and results in injury or death the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing treatment. If these standards aren't adhered to and the failure results in injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in your particular case. To allow the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

It is also necessary to prove that the breach of duty directly led you to experience injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you will require a direct cause-and- result relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which results in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to conduct themselves with reasonable care and prudence. However doctors are held to an even more stringent standard because they are considered experts in medicine and have to make life and death decisions. The obligation of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the first things that needs to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is typically defined by what an average person would do under the same situation. For instance an honest driver would not speed through a red light.

In a lawsuit involving a malpractice expert witnesses could be required to provide evidence on the standard of care that was violated and the way in which this standard was breached. They can also discuss how the injury occurred and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. In order to submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation received from a successful lawsuit for malpractice is contingent upon how your New York medical malpractice law firm malpractice lawyer can argue for your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days that you missed from work because of medical complications, and that these missed days were due to the defendant’s negligence.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional, and mental distress as a result of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, and also requests for documents and sworn testimony.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, victims of medical malpractice has to bring a lawsuit within two and a half years of the date at which the act or omission of a healthcare professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance, if the error made by the health care provider was a part of a continual course of treatment, the "clock" of 30 months will not start until the treatment has been completed or the patient is informed of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a long time after, for example, if a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware specific laws in your state and carefully look over your case's timeline in order to avoid any administrative errors that could delay your claim.