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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor is not following the accepted medical norms and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being sensible and prudent in providing treatment. If those standards are not met and that failure causes injuries or health problems the patient could have grounds to file a marengo medical malpractice attorney malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that the breach of this obligation occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions were below the standard of care in your situation. The expert will need to examine your medical records and then interview or testify against you to make this decision.

You must be able to demonstrate that the breach directly caused your injury. This is known as causation, and it is the third element in a malpractice claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This could cause a negative reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However doctors are held to a higher standard since they are considered medical experts and deal with life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatment and procedures.

In a case of negligence, it is important to establish that the defendant owed the obligation of taking care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what an ordinary person would do in the same circumstances. For example, a reasonable driver would not stop at a red light.

In a malpractice lawsuit experts could be required to provide evidence on the standard of care that was violated and the way in which this standard was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any loss that may result from medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York cedarhurst medical malpractice law firm malpractice attorney defends your losses. Your attorney can determine your medically required expenses through a review your medical records, the testimony of experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you were away working due to matteson medical malpractice Lawyer conditions, and also that these days were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who will provide evidence of your physical, emotional and mental pain as a result of negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed by the deadlines set by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a doctor or matteson medical malpractice Lawyer other health professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the treatment is complete or the patient learns about the diagnosis.

In some instances such as when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid administrative errors that could cause delays to your claim.