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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a doctor is not following the accepted medical standard and results in injury or death, he may be liable for negligence.

Duty of Care

medical malpractice attorney professionals are expected to adhere to a set of standards accepted by the medical industry as being reasonable and prudent when they provide treatment. A patient might be able to file a lawsuit for medical malpractice if those standards aren’t adhered to and the failure causes injury or health complications.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act reasonably. You then need to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant’s actions fell less than the accepted standard in your case. The expert will examine your medical records and interview or cross-check you to make this determination.

It is also necessary to establish that the breach of duty directly caused you to suffer injuries. Causation is the third element in a malpractice claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered, which can result 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 caution. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in the regulations and laws for specific types of treatment and procedures.

In a case of negligence, it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For example, a prudent driver wouldn’t run the red light.

In a malpractice case expert witnesses could be needed to testify on the standard of care that was violated and how this standard was breached. They can also provide what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical malpractice attorney negligence. To make a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you are awarded from a successful malpractice suit depends on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing experts’ testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you were away from work because of medical complications, and the fact that these days were a result of the defendant’s negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional and mental pain as a result of the negligence committed by the defendant. Loss of consortium is a second type of non-economic damage. This is the inability to enjoy a loving, sexual relationship with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn declarations.

Statute of limitations

Like 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 dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed by the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice must present a lawsuit within two and a half years of the date that the negligence or act of a medical professional caused the injury or death. However like with all laws there are some exceptions to this rule. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month mandatory “clock” will not start until that course of treatment is complete or the patient learns of the diagnosis.

Additionally, in some cases such as when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific laws of your state and will carefully examine your case’s timeline to avoid any administrative errors that could delay your claim.