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A medical malpractice lawyer helps victims get compensation for their losses. The common law system governs medical malpractice lawsuits.
In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor deviates from the accepted Medical Malpractice Law Firm norms and results in injury or death it could be liable for negligence.
Duty of Care
Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in their healthcare. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't met and the result is injuries or health complications.
The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity was obligated to act with reasonable care. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.
The expert witness can determine whether the defendant's actions fell below the accepted standard in your specific case. To enable the expert to make this decision they must be able to review your medical records and conduct an examination or interview with you.
You also need to prove that the breach of duty caused you to suffer injuries. This is known as causation and it is the third requirement of a negligence claim. In most cases, you'll require a direct cause & effect relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This could result in an adverse reaction such as a heart attack.
Breach of Duty
Doctors, just like other individuals, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to an even higher standard, however, because they are medical malpractice lawyers experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards for specific types of treatments and procedures.
In a case of negligence, it is crucial to prove that the defendant was bound by an obligation to take care of the plaintiff. Then, it has to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is usually determined by what a typical person would do under similar circumstances. A reasonable driver, for example would not use an intersection at a stoplight.
In a malpractice lawsuit expert witnesses could be required to testify regarding the standard of care that was not met and the way in which this standard was violated. They can also describe how the injury was caused and what could be done to prevent it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that may arise due to medical negligence. To file a claim, 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 received 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 expenses by examining your medical records, using expert testimony, and consulting economic experts. For the loss of your earnings Your medical malpractice lawyer must also prove the number of days you missed work due to your medical condition and also the fact that these missed work days were the result of the negligence of the defendant.
Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can describe your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic injury. This is the inability to maintain a romantic, sexual connection with your spouse, or any other significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under the oath.
Statute of Limitations
In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed by the deadlines established by law.
In the majority of cases, a victim of medical negligence must bring a suit within two and a half years from the date the act or omission made by an health professional resulted in the death or injury. Like all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.
Additionally, in some cases like when a foreign object is found inside the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. Because of this, many states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will review your case's timeline carefully to avoid mistakes in the administration that can derail your claims.
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