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Why You Need a medical malpractice law - Resource - Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practice and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in providing care. If those standards are not followed and the result is injuries or health problems the patient may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity was obligated to act in a reasonable way. The next step is to prove that the breach occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your particular case. In order for the expert to determine this they must be able review your medical records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third component of a malpractice claim. In most cases, Medical Malpractice Law you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction like a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a more stringent standard because they are medical experts who make life and death decisions. The duty of care is found in the regulations and laws for specific types of treatments and procedures.

In a negligence case it is crucial to prove that the defendant was bound by an obligation to take care of the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The standard of care is typically determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance, would not run a traffic light.

In a malpractice case experts are usually needed to testify about the standards of care and how it was violated. They can also describe the cause of the injury and what could have been done to avoid it from occurring.

Damages

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

The amount of compensation you receive from a successful malpractice suit depends on how your New York medical malpractice lawyer defends your losses. Your lawyer can prove your medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed from work due your medical malpractice case issues, and the reason for these absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental and medical malpractice Law emotional pain as direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability to have a loving, sexual relationship with your spouse, or any other significant person like you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of limitations

Like all states, 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. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your claim is filed within the deadlines that are set by law.

In the majority of cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission by an health professional caused injury or death. However like all laws, there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the treatment is complete or the patient learns of the diagnosis.

In certain instances, a patient may not be aware of the issue until quite a while later, for example, if a foreign body is left within the body after surgery or treatment. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific laws of your state and carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.