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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 governs medical malpractice lawsuits malpractice claims.

According to common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being prudent and reasonable when they provide treatment. If these standards aren't followed and if they cause harm or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were not in line with the accepted standards in your specific case. The expert will look over your medical records and interview or cross-check you to make this determination.

You also need to establish that the breach of duty directly led you to experience injuries. Causation is the 3rd element in a malpractice claim. In the majority of cases, you'll require a direct cause & effect connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being prescribed and could result in an adverse reaction like a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to exercise reasonable care and be cautious. However, doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The duty of care is found in laws and standards for specific types of treatment and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in the given situation. The quality of care is usually determined by what a normal person would do under the same circumstances. For instance an honest driver would not stop at when there is a red light.

In a malpractice case, expert witnesses may be required to provide evidence on the standard of care that was breached and how this standard was breached. They can also explain how the injury occurred and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise due to medical Malpractice law firms negligence. To make 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 suffering and pain).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were absent working due to medical complications, and that these days were the result of the defendant’s negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will testify about your physical, emotional, and mental pain due to the infractions committed by the defendant. Loss in consortium is another type of non-economic injury. This is the inability to maintain an intimate, sexual relationship with your spouse, or any other significant person as you once did. The defendant's lawyer will challenge your non-economic damages in the form of depositions and interrogatories and requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must make a claim within two and a half years from the date on which the negligence or act of a medical professional caused the injury or death. However like all laws, there are a few exceptions to this rule. If, for instance the error of the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some instances the patient may not recognize the problem until a considerable time later, for example when a foreign object remains in the body following surgery or treatment. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be well-versed in the laws of your state and will scrutinize your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.