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Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in their treatment. If these standards aren't followed and if they cause injuries or health problems patients may be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit 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. The next step is to prove the breach of the duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether the defendant's actions are less than the accepted standard in your situation. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You should also be able to prove that the breach of duty directly led the injuries. Causation is the third element in a malpractice claim. In most cases you will require a direct cause-and- effect connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in prescribing the wrong medicine or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with 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 duty of care is outlined in the rules and regulations that govern specific types of procedures and treatments.

One of the first elements that needs to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it must be proved that the defendant violated that duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what a typical person would do under the same situation. For instance the reasonable driver would not run when there is a red light.

In a case of negligence, experts are often required to testify about the standards of care and the manner in which it was breached. They can also describe the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any damages that could result from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will determine your medically required expenses by examining 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 prove the number of days you were off work due to your Medical Malpractice law firm complications and the fact that these absences resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove, and may require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of instances, the victim of medical malpractice must present a lawsuit within two and a half years of the date at which the act or omission of a health care provider caused the injury or death. However like with all laws there are some exceptions to this rule. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain situations, such as when a foreign object is found inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will go over the timeline of your case with care to avoid administrative mistakes that can derail your claims.