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A medical malpractice lawyer assists injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and it results in a death or injury the doctor could be held accountable for negligence.
Duty of Care
Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in providing healthcare. When those standards are not met and that failure causes harm or health issues the patient may be able to sue for medical malpractice lawsuit.
The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they were bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.
An expert witness can determine if the defendant's actions were not in line with the accepted standards in your case. To enable the expert to make this determination they must be able review your medical records and conduct an examination or interview of you.
You also need to establish that the breach of duty directly caused the injuries. Causation is the third element in a claim for malpractice. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and that can result in an adverse reaction, like heart attacks.
Breach of Duty
Like everyone else, doctors have a legal obligation to exercise diligence and care. Doctors are held to a higher standard however, since they are medical experts who make life-or-death decisions. The duty of care can be found in laws and standards governing specific types of treatments and procedures.
In a negligence case it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor medical malpractice lawsuit failed to meet the standard of care in the given circumstance. The quality of care is usually determined by what a typical person would do in the same circumstances. A reasonable driver, for example would not use an intersection at a stoplight.
In a malpractice case, experts are often required to testify on the standard of care and the manner in which it was breached. They can also provide a detailed explanation of how the injury was caused and what could have been done to prevent it from occurring.
Damages
Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To bring a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).
The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away from work due to medical conditions, and also the fact that these days were the result of the defendant’s negligence.
Non-economic losses are more difficult to prove, Medical Malpractice Lawsuit and may require the help of a professional who will testify about your physical, emotional, and mental suffering as a result of the infractions committed by the defendant. Loss of consortium is a different type of non-economic harm. It is the inability of having an intimate, sexual relationship with your spouse or other significant person in the same way you once did. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents and sworn testimony.
Statute of limitations
As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed prior to the deadlines established by law.
In the majority of cases, victims of medical malpractice must make a claim within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this one is not without exceptions. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the treatment is complete or the patient is informed of the diagnosis.
Additionally, in certain situations, such as when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. This is why many states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain situations. Your attorney will be familiar with the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration that could cause delays to your claim.
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