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Why You Need a medical malpractice lawyer (redirected here)

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

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent when providing medical care. A patient could be able to file a lawsuit for medical malpractice if the standards aren't adhered to and the failure causes injuries or health problems.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. Then, you need to prove that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. To allow the expert to make this determination they must be able to look over your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly led the injury. Causation is the third factor in a malpractice claim. In the majority of cases, you'll require a direct cause-and- result connection between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in prescribing the wrong medicine or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. However doctors are held to an even higher standard since they are considered medical experts and deal with life and death decisions. The obligation of care can be found in the laws and standards that govern certain types of treatments and procedures.

One of the primary elements that must be proven in a negligence case is that the defendant owed a duty of care to the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to live up to the standard of care appropriate to the circumstances. The quality of care is usually determined by what a normal person would do under the same situation. For instance the reasonable driver would not stop at a red light.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also explain the reason behind the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that might arise from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer will determine your medically required expenses through a review your medical records, the testimony of experts as well as the assistance of economic experts. For your loss of earnings your medical malpractice lawyer has to establish the number of days you were away from work due to medical complications and the fact that the absences were the result of 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 detail your physical, mental and emotional distress as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, along with requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, a victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission made by an health professional caused death or injury. However, as with all laws there are a few exceptions to this rule. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is completed or until the patient is informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware specific rules of your state and will carefully review your case timeline to ensure that there are no administrative mistakes that could impede your claim.