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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following the accepted overland park medical malpractice lawyer norms and results in injury or death or even death, he could be held responsible for medical Malpractice negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being sensible and prudent in providing care. If the standards aren't adhered to and the failure results in injuries or health problems patients may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, you have to prove that the breach of that duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in the particular case. To allow the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty caused the injury. This is known as causation and it is the third element of a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being prescribed and results in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with diligence and care. However, doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the rules and regulations that govern specific types of procedures and treatments.

One of the first things that must be proven in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care appropriate to the circumstances. The standard of care is generally determined by what a reasonable individual would do in similar circumstances. For instance, a reasonable driver would not stop at when there is a red light.

In a malpractice case, experts are often required to testify regarding the standard of care and the way in which it was violated. They can also explain how the injury was caused and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to submit a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. In order to establish your loss of earnings your medical malpractice lawyer should also prove the number of days you were absent from work due to medical complications and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from a professional witness who can describe your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic damage. It is the inability to enjoy a loving, sexual relationship with your spouse or other significant person like you once did. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not, the court will dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed prior to the deadlines established by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date when the act or omission of a health care provider resulted in the death or injury. However as with all laws there are some 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 legally required "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances the patient may not realize the problem until a long time after for instance in the event that a foreign substance remains within the body after surgery or treatment. To solve this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific laws of your state and carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.