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A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.
According to common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician does not follow the accepted medical norms and causes an injury or death the doctor could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing care. A patient may be eligible to file a claim for medical malpractice if these standards aren't adhered to and the failure results in injuries or health issues.
The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or entity owed you a duty to act with reasonable care. Then, you need to prove that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.
The expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular situation. To allow the expert to make this decision they must be able to examine your medical malpractice law firms records and conduct an examination or interview with you.
You must also establish that the breach directly caused your injury. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of cases, you will require a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and results in an adverse reaction, like heart attacks.
Breach of Duty
Like all people, are required by law to fulfill a obligation to behave with reasonable care and caution. However, doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.
One of the first elements to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant breached that duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is typically determined by what an ordinary person would do under the same circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.
In a case of malpractice, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also discuss 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 losses that may arise due to medical negligence. To bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).
The amount you are awarded from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer has to establish the number of days you were off work because of your medical complications and the fact that the absences were the result of the defendant's negligence.
Non-economic losses can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental suffering as a result of negligence of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through interrogatories and depositions as well as requests for statements and documents under the oath.
Statute of limitations
Like all states, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise, the court will dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed prior to the deadlines that are set by law.
In most cases, a victim of medical malpractice (plantsg.com.sg) must make a claim within two and a half years of the date when the act or omission of a health care provider resulted in the death or injury. As with all laws, this rule has its exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until the treatment is complete or the patient is informed of the diagnosis.
Additionally, in certain situations such as when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In order to address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules in your state, and will carefully examine your case's timeline to avoid administrative errors that could delay your claim.
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