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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 governs medical malpractice cases is founded on common law.

In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being sensible and prudent in providing healthcare. Patients may be eligible to file a claim for medical malpractice if the standards aren't followed and the failure results in injuries or health complications.

The first element 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 reasonable way. Then, you have 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 case.

This expert witness will help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and also interview or question you in order to arrive at this conclusion.

It is also necessary to prove that the breach of duty directly caused the injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being prescribed and in turn causes an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal obligation to conduct themselves with reasonable care and prudence. However, doctors are held to a higher standard because they are considered medical experts and have to make life and death decisions. The obligation of care can be found in laws and standards for certain types of treatments and procedures.

One of the first things that needs to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in the specific situation. The quality of care is usually determined by what an ordinary person would do under the same situation. For example an honest driver would not stop at when there is a red light.

In a malpractice case expert witnesses could be needed to testify on the standard of care that was violated and how this standard was violated. They can also provide a detailed explanation of how the injury occurred and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such la grange park medical malpractice attorney expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation received from a successful malpractice case depends on the way in which your New York sidney medical malpractice attorney malpractice lawyer defends your losses. Your lawyer can determine your medically required expenses through a review your medical records, the testimony of experts and the assistance of economic experts. For the loss of your earnings the medical malpractice lawyer has to show the number of times you were off work due to your medical conditions and the fact that the absences were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the help of a professional who can be able to testify about your physical, emotional and mental suffering due to the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions as well as requests for documents and sworn testimony.

Statute of Limitations

Like every state, Vimeo New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines and ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to make a claim within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. However like with all laws there are a few exceptions to this rule. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is complete or the patient becomes aware of the diagnosis.

In certain instances the patient may not recognize the problem until a long time after, for example when a foreign object remains within the body after surgery or treatment. To deal with this issue, a majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be familiar with the rules of your state and will review the timeline of your case with care to avoid mistakes in the administration which could delay your claims.