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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

According to common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practice and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent in providing medical care. If the standards aren't followed and if they cause injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the entity or person was obligated to act with reasonable care. The next step is to prove the breach of the obligation occurred. This is typically done using expert testimony that can provide an objective analysis and evaluation.

This expert witness will determine if the defendant's actions fell below the accepted standard of care in the particular case. To allow the expert to determine this they must be able to look over your medical malpractice lawyers records and conduct an examination or interview with you.

You should also be able to establish that the breach of duty directly led the injury. This is known as causation, and it is the third requirement of a malpractice claim. In most instances, you'll require a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This can cause a negative reaction such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. Doctors are held to higher standards due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is found in laws and standards governing certain types of treatments and procedures.

One of the first elements that needs to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. Then, it must be proved that the defendant violated the duty of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is usually determined by what a normal person would do under similar circumstances. A reasonable driver, for instance would not use the traffic light.

In a malpractice lawsuit experts may be required to testify regarding the standard of care that was violated and the manner in which this standard was breached. They can also discuss the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any damages that could result from medical negligence. In order to bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can prove your medically necessary expenses by examining your medical malpractice lawsuits records, testimony from experts as well as the assistance of economic experts. For your loss of earnings Your medical malpractice Law firm malpractice lawyer must prove the number of days you missed work because of your medical complications and the fact that these days off work resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, mental and emotional pain as directly resulting from the defendant's negligence. Loss in consortium is another kind of non-economic loss. This is the inability to maintain an intimate, sexual relationship with your spouse or any other significant individual as you used to. The lawyer for the defendant will attempt to challenge your non-economic damages through interrogatories, depositions, and demands for documents and declarations under swearing.

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. If not the court will decide to dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed by the deadlines established by law.

In the majority of cases, victims 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 resulted in the death or injury. However as 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 legally required "clock" will not begin until the course of treatment is complete or the patient learns about the diagnosis.

In some cases, a patient may not discover the problem until quite a while later for instance, if a foreign body remains in the body following surgery or treatment. This is why many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain situations. Your attorney will know the specific rules in your state and carefully examine your case's timeline to avoid any administrative errors that could impede your claim.