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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor violates accepted medical practice and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent when providing healthcare. When those standards are not followed and the result is injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell less than the accepted standard in your case. In order for the expert to arrive at this conclusion they must be able to review your medical malpractice lawyers records and conduct an examination or interview with you.

You must also establish that the breach directly led to your injury. Causation is the third element in a claim for malpractice. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and that can result in an adverse reaction, such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and caution. Doctors are held to an elevated standard, however, because they are medical experts and make life-or-death decisions. The obligation of care is defined in the rules and regulations that are situated for specific types of treatments and procedures.

One of the most important elements that must be proven in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The standard of care is generally determined by what a reasonable individual would do in the situation. For instance the reasonable driver would not stop at the red light.

In a case of malpractice experts may be needed to testify on the standard of care that was violated and the way in which this standard was violated. They can also explain how the injury was caused and what could have been done to avoid it from happening.

Damages

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

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney will be able to establish the medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. For the loss of your earnings your medical malpractice lawyer must also prove the number of days you were away from work because of your medical condition and also the fact that these absences resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and might require the assistance of a professional who will give evidence about your physical, emotional, and mental pain because of the infractions committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability to maintain a romantic, sexual connection with your spouse or other significant individual as you used to. The defendant's attorney will challenge your non-economic losses through a process of depositions, interrogatories, and Medical Malpractice requests for statements and documents under swearing.

Statute of Limitations

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

In the majority of instances, the victim of medical malpractice must 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 some exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or when the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until a long time later, for example in the event that a foreign substance remains within the body after surgery or treatment. This is why many states have adopted an idea of law known as the discovery rule, which allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules of your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.