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Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to adhere to a certain level of care when treating patients. If a physician violates accepted medical practice and results in injury or death, then he could be held liable for Medical Malpractice Attorney negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent when providing care. Patients may be in a position to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure results in injury or health complications.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act in a reasonable manner. The next step is to prove that the breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

An expert witness can determine if the defendant's actions were less than the accepted standard in your case. In order for the expert to make this decision they must be able to look over your medical records and conduct an examination or interview with you.

You must also prove that the breach directly caused your injury. Causation is a third element in a malpractice claim. In most cases you will require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being prescribed and results in an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the law and standards that govern specific types of treatments and procedures.

One of the first things that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be established that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for instance would not use at a traffic light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care that was not met and the manner in which this standard was violated. They can also discuss the reason for the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such somerville medical malpractice attorney expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings your medical malpractice lawyer should also prove the number of days you were absent from work because of your medical conditions and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a second type of non-economic harm. It is the inability of having a loving, sexual relationship with your spouse or another significant person in the same way you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories and requests for documents and sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed by the deadlines that are set by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission by an health professional caused injury or death. However like with all laws, there are a few exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is completed or until the patient learns about the diagnosis.

In certain instances it is possible that a patient will not recognize the problem until a long time after, for example the case where a foreign body is left within the body after surgery or treatment. In order to tackle this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will scrutinize your case's timeline carefully to avoid administrative errors that could impede your claim.