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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 lawsuits.

In common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in injury or death 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 their medical care. When those standards are not followed and the result is harm or Medical Malpractice Lawyer health issues, a patient may have grounds to file a medical malpractice law firms malpractice lawsuit.

The first element in a malpractice lawsuit 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 the breach occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were less than the accepted standard in your particular case. To enable the expert to make this decision they must be able to review your medical records and conduct an examination or interview of you.

You must also demonstrate that the breach directly led to your injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you will require a direct cause & effect connection between the breach of duties and the subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and that can result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with the utmost care and caution. However doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The obligation of care is defined in the rules and regulations that apply to certain types of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proven 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 standard of care is generally determined by what a reasonable person would do under the circumstances. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice, experts are often required to testify regarding the standard of care and the manner in which it was breached. They can also explain the reason for the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive 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 will be able to determine your medically required expenses through a review of your medical records, evidence from experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer should also demonstrate the number of days you were away from work due to medical complications and the fact that these missed work days resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and might require the assistance of a professional who can be able to testify about your physical, emotional, and mental distress due to the negligence of the defendant. Loss of consortium is another type of non-economic injury. This is the inability to have an intimate relationship with your spouse or another significant person like you once did. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as requests for documents and evidence under swearing.

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 malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines and ensure that your claim is filed before the deadlines set by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission by medical professionals resulted in the injury or death. However like all laws there are some exceptions to this rule. For instance when the health care provider's error was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until the course of treatment is completed or the patient learns of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a considerable time later, for example when a foreign object is left in the body following surgery or treatment. To address this issue, medical malpractice lawyer the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the rules of your state and will examine the timeline of your case carefully to avoid administrative mistakes that could impede your claim.