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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor is not following accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being sensible and prudent in providing treatment. If these standards aren't adhered to and the failure results in harm or health issues patients may be able to sue for medical Malpractice medical malpractice lawsuit.

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

An expert witness can determine if the defendant's actions were below the accepted standard in your particular case. The expert will examine your medical records and interview or examine you to arrive at this conclusion.

You should also be able to prove that the breach of duty directly caused you to suffer injury. Causation is the 3rd element in a claim for malpractice. In most cases, you'll require a direct cause-and- result relationship between the breach of duties and the subsequent injury. A misdiagnosis, Medical Malpractice for example may result in the wrong medication being prescribed or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and be cautious. 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 outlined in the regulations and laws for specific types of treatment 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. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is typically determined by what a reasonable person would do in the situation. A reasonable driver, for example would not operate the traffic light.

In a malpractice case experts may be required to provide evidence on the standard of care that was violated and the way in which this standard was breached. They can also discuss how the injury was caused and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result from medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you were away from work because of medical problems, and proving that these missed days were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may require the assistance of an expert witness who can describe your physical, mental, and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different type of non-economic injury. It is the inability of having an intimate relationship with your spouse or other significant person like you used to. The lawyer representing the defendant will contest your non-economic damages through interrogatories, depositions and requests for statements and documents under the oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not, the court will dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed within the deadlines established by law.

In most instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date on which the act or omission of a healthcare 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 by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some cases the patient may not be aware of the issue until a long time later, for example the case where a foreign body remains within the body after surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer is familiar with the rules of your state and will go over your case timeline carefully to avoid administrative mistakes which could delay your claims.