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Why You Need a Medical Malpractice Lawyer

A Medical malpractice law firms malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors must follow a standard of care in treating their patients. If a doctor deviates from accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent when providing medical care. A patient might be in a position to file a lawsuit for medical malpractice if the standards aren't adhered to and the failure causes injuries or health problems.

The first step in a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was bound to act with reasonable care. You must then prove the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your situation. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise care and prudence. Doctors are held to an even higher standard however, since they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatment and procedures.

One of the first things that must be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it must be proven that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care for the situation. The standard of care is generally determined by what a reasonable person would do in the same situation. For example an honest driver would not stop at a red light.

In a malpractice case, expert witnesses may be needed to testify on the standard of care that was violated and the way in which this standard was violated. They can also describe the cause of the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any losses that might arise due to medical malpractice law firms negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you have missed from work because of medical complications, and that these missed days were due to the negligence of the defendant.

The non-economic loss can be more difficult to prove and may require the help of a professional who can testify about your physical, emotional and mental pain because of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and requests for documents or sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuits malpractice case can be filed. If not, the court will dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the negligence or act of a medical professional resulted in the death or injury. However like all laws there are some exceptions to this rule. If, for instance the error made by the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient has been informed of the diagnosis.

In certain instances the patient may not realize the problem until a long time after, for example in the event that a foreign substance remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific rules in your state, and will carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.