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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a physician violates accepted medical practice and causes injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their medical malpractice lawsuits care. When those standards are not adhered to and the failure results in injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

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

This expert witness will determine if the defendant's actions are in violation of the accepted standard of care in the particular case. To allow the expert to determine this, they will need to be able review your medical records and medical malpractice lawyer conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you'll require a direct cause & result connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being prescribed and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The obligation of care is defined in the regulations and standards that govern specific types of procedures and treatments.

One of the first things 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 established that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The quality of care is usually defined by what an average person would do under the same circumstances. A reasonable driver, for example will not go through a traffic 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 provide the reason behind the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential loss that may result due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer must prove the number of days you were away from work due to your medical complications and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your physical, medical malpractice lawyer mental, and emotional distress as an direct result of defendant's negligence. 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, as well as requests for documents and sworn declarations.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice law firm malpractice claim can be filed. Otherwise, the court will dismiss the case. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed before the deadlines that are set by law.

In the majority of cases, a victim of medical malpractice has to bring a lawsuit within two and a half years of the date that the act or omission of a health care provider resulted in the death or injury. As with all laws, this law is not without exceptions. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is complete or the patient learns about the diagnosis.

Additionally, in some cases such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted the legal concept of discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific laws of your state and will examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.