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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients get compensation for their losses. The common law system governs medical malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical malpractice attorneys standard and results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent in providing care. If the standards aren't met and that failure causes injuries or health issues the patient could be able to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act with reasonable care. You then need to prove that the breach occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are below the accepted standard in your particular case. The expert will need to review your medical records, and also interview or question you to make this determination.

You also need to prove that the breach of duty directly caused the injuries. This is known as causation, and it is the third element in a negligence claim. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Like all people, have a legal duty to act with reasonable care and with caution. Doctors are held to an elevated standard due to the fact that they are medical experts and make life-or-death decisions. The responsibility of medical care is described in the laws and standards that apply to certain types of procedures and treatments.

In a negligence case, it is important to establish that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For example, a prudent driver wouldn't run an intersection with a red light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also provide a detailed explanation of the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that might arise due to medical negligence. To file a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively 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, the testimony of experts and the use of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer should also prove the number of days you missed work because of your medical conditions and the fact that these days off work resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who will give evidence about your physical, emotional, and mental distress because of the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and requests for documents and sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice must file his or her lawsuit within two and a half years of the date when the act or omission of a healthcare professional caused the injury or death. However, as with all laws, there are a few exceptions to this rule. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

In some instances, a patient may not realize the problem until a considerable time later for instance when a foreign object remains within the body after surgery or treatment. To deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the rules of your state and will review your case timeline carefully to avoid any administrative errors that could cause delays to your claim.