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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical malpractice law firms procedures and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. A patient may be able to file a lawsuit for medical malpractice if those standards aren't met and the breach causes injuries or health problems.

The first element in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

The expert witness will help determine whether the defendant's actions are not in line with the accepted standards in your particular case. In order for the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For example, 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

As with all other professionals, doctors have a legal obligation to exercise care and caution. Doctors are held to an elevated standard but because they are medical experts and make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example would not use a traffic light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was breached and the way in which this standard was violated. They can also explain the cause of the injury and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any damages that could result from medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish your medically necessary expenses through a review of your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer must prove the number of days you missed work because of your medical conditions and the fact that these missed work days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can describe your physical, mental and emotional distress as a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions as well as 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 case can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is skilled will be 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, the victim of medical negligence must bring a suit within two and a half years of the date that the act or omission by the health professional caused the injury or death. However as with all laws, there are a few exceptions to this rule. For instance, if the error of the health care provider was part of a continuing course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.

In some instances the patient may not discover the problem until a long time later, for example, if a foreign body remains in the body following surgery or treatment. Because of this, many states have adopted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain situations. Your lawyer is familiar with the laws of your state and will scrutinize the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.