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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must follow a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical healthcare. If the standards aren't adhered to and the failure results in injury or health complications patients may be able to bring a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was obligated to act in a reasonable manner. Then, you need to prove that the breach of this duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions were less than the accepted standard in your case. To allow the expert to make this decision, they will need to be able to look over your medical records and conduct an examination or interview with you.

You also need to establish that the breach of duty caused the injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases you will need a direct cause and effect relationship between the breach of duties and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise care and caution. Doctors are held to an even higher standard but because they are Medical malpractice law Firms experts and have the authority to make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case it is essential to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The quality of care is usually defined by what an average person would do in similar circumstances. A reasonable driver, for instance would not operate a traffic light.

In a case of malpractice, expert witnesses may be needed to testify on the standard of care that was breached and how this standard was breached. They can also explain the reason for the injury and suggest ways to have prevented it from happening.

Damages

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

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish your medically necessary expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days that you missed from work due your medical issues, and the reason for these absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may require assistance from a professional witness who can provide details of your physical, mental and emotional suffering as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions and demands for documents and declarations under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set by law.

In the majority of cases, a victim of medical negligence has to bring a suit within two and a half years from the date the act or omission made by a health care provider resulted in the injury or death. However like with all laws there are a few exceptions to this rule. If, for instance, the error made by the health professional was a part of a continual course of treatment, then the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances patients may not be aware of the issue until a long time later, for example when a foreign object is left within the body after surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be familiar with the laws of your state and will review your case's timeline carefully to avoid mistakes in the administration which could delay your claims.