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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 based on common law.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following the accepted medical standard and results in an injury or death or even death, he could 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 reasonable and prudent in providing treatment. A patient might be in a position to file a lawsuit for medical malpractice if the standards aren't being met and the result is injuries or health issues.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable way. You must then prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your specific case. To enable the expert to make this determination, they will need to be able review your medical records and conduct an examination or interview with you.

It is also necessary to establish that the breach of duty directly led you to suffer injury. Causation is the 3rd element in a malpractice claim. In the majority of cases, you will require a direct cause & effect relationship between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being prescribed and can result in an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine and have to make life and death decisions. The obligation of care can be found in laws and standards governing specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor failed to adhere to the standard of care appropriate to the circumstances. The quality of care is usually determined by what an ordinary person would do under similar circumstances. For example, a reasonable driver wouldn't run the red light.

In a case of negligence, expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also discuss the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer will establish your medically necessary expenses by examining your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days that you missed from work due to medical problems, and proving that these days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need assistance from a professional witness who can describe your physical, mental, and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person in the same way you used to. The lawyer representing the defendant will challenge your non-economic damages in the form of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

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

In most cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission made by an health professional resulted in 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 an ongoing course of treatment, the 30 month statutory "clock" will not start until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances, a patient may not discover the problem until a long time after, for example in the event that a foreign substance is left in the body following surgery or treatment. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer is well-versed in the laws of your state and will scrutinize the timeline of your case with care to avoid any administrative errors that can derail your claims.