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Why You Need a Medical Malpractice Lawyer

A medical malpractice compensation malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor is not following the accepted medical norms and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

medical malpractice attorneys professionals must adhere to established set of standards that are regarded by the medical malpractice compensation profession as reasonable and prudent when providing healthcare. When those standards are not met and that failure causes harm or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was bound to act reasonably. Then, you must show that a breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular circumstance. The expert will examine your medical records and interview or cross-check you to arrive at this conclusion.

You should also be able to prove that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll need a direct cause and result connection between the breach of duty and the resulting injury. A misdiagnosis for instance can result in prescribing the wrong medicine or treatment being given. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and be cautious. However doctors are held to a higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care is found in laws and standards for specific types of treatment and procedures.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a typical person would do in the same circumstances. For instance an honest driver would not speed through an intersection with a red light.

In a malpractice case, expert witnesses may be needed to testify on the standard of care violated and how this standard was breached. They can also describe how the injury was caused and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney can determine your medically required expenses through a review your medical records, the testimony of experts, and the use of economic experts. For your loss of earnings Your medical malpractice lawyer must establish the number of days you were absent from work because of your medical condition and also the fact that the absences were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the help of a professional who can provide evidence of your physical, emotional and mental pain as a result of the negligence of the defendant. Loss in consortium is another type of non-economic harm. It is the inability to enjoy a loving, medical malpractice case sexual relationship with your spouse or another significant individual as you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions and demands for documents and declarations under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission of an health professional resulted in the injury or death. However as with all laws there are some exceptions to this rule. If, for example, the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time after for instance, if a foreign body is left within the body after surgery or treatment. In this regard, a majority of states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will go over the timeline of your case with care to avoid mistakes in the administration which could delay your claims.