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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must observe the highest standards of care when treating their patients. If a physician violates accepted medical practice and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical care. A patient may be eligible to file a claim for medical malpractice if these standards aren't adhered to and the breach causes injuries or health issues.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. You must then prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in your particular circumstance. The expert will examine your medical malpractice lawsuits records and interview or examine you to make this determination.

You must also show that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, which results in an adverse reaction, such as a heart attack.

Breach of Duty

As with all people, have a legal obligation to exercise reasonable care and with caution. However doctors are held to a higher standard due to the fact that they are medical experts and are able to make life and death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

One of the most important elements to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The quality of care is usually defined by what an average person would do under similar situations. A reasonable driver, for example, would not run a traffic light.

In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also provide a detailed explanation of 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 in order to protect themselves against any damages that could result from medical negligence. In order to submit 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 pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can prove your medically necessary expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer must establish the number of days you were away from work due to your medical complications and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, and mental distress because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years of the date that the act or omission of the health professional resulted in the death or injury. Like all laws, this rule is not without exceptions. For instance, if the error committed by the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not begin until the treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain situations. Your lawyer is well-versed in the laws of your state and will review your case timeline carefully to avoid any administrative errors which could delay your claims.