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A medical malpractice attorney can help injured patients get compensation for their losses. The common law system governs medical malpractice claims.
Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor violates accepted medical practice and results in injury or death, the doctor could be held liable for negligence.
Duty of Care
Medical professionals must adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If those standards are not adhered to and the failure results in injury or health complications the patient could be able to file a medical malpractice lawsuit.
The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. You must then prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.
An expert witness can determine whether the defendant's actions were not in line with the accepted standards in your particular case. In order for the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.
You must also show that the breach directly caused your injury. Causation is the third element in a claim for malpractice. In most cases, you'll need a direct cause and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, Medical Malpractice Law Firms for example may result in prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction such as heart attacks.
Breach of Duty
Like all doctors physicians, doctors are legally bound by an obligation to exercise care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the rules and regulations which are applicable to specific kinds of treatments and procedures.
In a case of negligence it is vital to prove that the defendant had the obligation of taking care of the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The quality of care is usually determined by what a typical person would do under similar circumstances. A reasonable driver, for instance would not use the traffic light.
In a case of malpractice experts may be needed to testify on the standard of care that was not met and how this standard was breached. They can also explain how the injury occurred and what could be done to stop it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical malpractice Law firms (76.Vaterlines.com) expenses and lost wages) in addition to noneconomic losses (such pain and suffering).
The amount of compensation you receive from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, evidence from experts and the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer has to show the number of times you were absent from work due to medical issues and the fact that these absences were due to the negligence of the defendant.
Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can detail your physical, mental and emotional pain as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic injury. It is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of depositions, interrogatories, and requests for documents and evidence under oath.
Statute of limitations
In New York, as with every state, there are definite time limits - commonly known as statutes of limitations - within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed prior to the deadlines established by law.
In most cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission by the health professional caused the injury or death. However, as with all laws there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until the course of treatment is completed or until the patient is informed of the diagnosis.
In certain instances it is possible that a patient will not discover the problem until a long time later for instance when a foreign object remains in the body following surgery or treatment. This is why many states have enacted the legal concept of discovery rule which permits injured victims to extend deadlines in certain situations. Your lawyer will be aware of the specific rules in your state and carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.
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