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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor deviates from accepted medical practice and it results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide care. If these standards aren't followed and if they cause injuries or health problems patients may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person had a legal obligation to act in a reasonable manner. You must then prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness will help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will need to examine your medical records and interview or examine you to arrive at this conclusion.

You must also be able to prove that the breach of duty directly led you to suffer injuries. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you'll require a direct cause-and- effect relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered, which could result in an adverse reaction, like heart attacks.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to conduct themselves with reasonable care and caution. However doctors are held to an even higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care can be found in laws and standards governing specific types of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by the duty of care for the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. For example, a reasonable driver would not stop at the red light.

In a malpractice case, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also explain the reason behind the accident and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical malpractice lawsuits negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorneys malpractice attorney fights for 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. For your loss of earnings, your medical malpractice lawyer has to show the number of times you were off work due to medical complications and the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can detail your physical, mental, and emotional pain as an direct result of defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability of having an intimate relationship with your spouse, or any other significant person like you used to. The lawyer for the defendant will contest your noneconomic damages by way of depositions and interrogatories as well as requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled 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 must be able to file a lawsuit within two and a half years from the date the act or omission of the health professional caused death or injury. However like all laws there are some exceptions to this rule. For instance, if the error committed by the health professional was part of a continuing treatment plan, 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 the patient may not realize the problem until a long time later for instance the case where a foreign body is left in the body following surgery or treatment. Because of this, many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of the rules of your state and will review your case timeline carefully to avoid administrative errors which could delay your claims.