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A medical malpractice law firm malpractice attorney can help injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.
In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, then he could be held liable for negligence.
Duty of Care
Medical professionals must follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide care. If the standards aren't adhered to and the failure results in harm or health issues the patient may have grounds to file a medical malpractice lawsuit.
The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, medical malpractice attorney you have to prove that the breach of this duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.
This expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. 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 of you.
You must be able to demonstrate that the breach directly caused your injury. Causation is the third factor in a malpractice lawsuit. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance one, could result in the wrong medication being prescribed or treatment being given. This can cause a negative reaction such as heart attacks.
Breach of Duty
As with all other professionals medical professionals, doctors are under a legal obligation to act with care and caution. Doctors are held to an even higher standard, however, because they are medical experts who make life-or-death decisions. The obligation of care is defined in the laws and standards that govern specific types of procedures and treatments.
One of the first elements that must be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The quality of care is usually determined by what an ordinary person would do under similar situations. For example, a reasonable driver would not stop at the red light.
In a malpractice lawsuit experts could be needed to testify on the standard of care that was not met and the manner in which this standard was violated. They can also provide a detailed explanation of how the injury occurred and what could have been done to prevent it from occurring.
Damages
In the United States, physicians are required to carry malpractice insurance in order to cover any losses that may arise from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).
The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer must also show the number of times you were away from work due to medical condition and also the fact that these absences were due to the negligence of the defendant.
The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional distress as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents or sworn statements.
Statute of limitations
In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.
In the majority of cases, a victim of medical malpractice law firms negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission of the health professional caused death or injury. As with all laws this rule has its exceptions. If, for instance the error made by the health professional was part of a continuing course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.
Additionally, in certain situations such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer will be well-versed in the laws of your state and will review the timeline of your case carefully to avoid any administrative errors that could impede your claim.
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