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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The common law system governs Medical Malpractice Law Firms malpractice claims.

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

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as reasonable and prudent in providing medical treatment. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the result is injuries or health problems.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act reasonably. Then, you need to prove that the breach of this obligation occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine if the defendant's actions were less than the accepted standard in your case. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly caused your injury. This is known as causation and it is the third element in a negligence claim. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medicine or treatment being given. This could cause a negative reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal obligation to conduct themselves with reasonable care and prudence. However doctors are held to an even higher standard due to the fact that they are medical experts and deal with life and death decisions. The duty of care is outlined in the regulations and standards which are applicable to specific types of procedures and treatments.

In a case of negligence it is important to establish that the defendant had a duty to care for the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is generally determined by what a reasonable person would do under the circumstances. For instance, a prudent driver would not speed through an intersection with a red light.

In a lawsuit involving a malpractice experts may be needed to testify on the standard of care violated and how this standard was violated. They can also provide a detailed explanation of the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise due to medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical malpractice lawsuits expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days you were absent working due to medical complications, and that these missed days were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can be able to testify about your physical, emotional, and mental distress because of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions, and requests for documents and evidence 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. If not the court will not dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed by the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must present a lawsuit within two and a half years of the date when the negligence or act of a medical professional resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the course of treatment is completed or the patient learns about the diagnosis.

Additionally, in certain instances, such as when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. Because of this, many states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of specific rules in your state and will carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.