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A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practices and results in death or injury, then he may be held responsible for negligence.
Duty of Care
Medical professionals must adhere to a set standards accepted by the medical industry as being prudent and reasonable when providing care. A patient might be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health complications.
The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act reasonably. The next step is to prove that the breach occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.
The expert witness will help determine whether the defendant's actions are below the accepted standard in your case. In order for the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.
You should also be able to establish that the breach of duty directly led you to experience injuries. This is known as causation and it is the third requirement of a malpractice claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction such as a heart attack.
Breach of Duty
Doctors, just like other people, have a legal obligation to behave with reasonable care and with caution. However doctors are held to a higher standard since they are considered medical experts and have to make life and death decisions. The responsibility of medical care is described in the law and standards that apply to certain types of treatments and procedures.
One of the first elements that must be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The standard of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for example, would not run the traffic light.
In a lawsuit involving a malpractice experts may be required to testify about the standard of care that was not met and how the standard was breached. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from occurring.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).
The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney will be able to establish the medically necessary expenses through a review your medical malpractice lawyers records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work due your medical complications, and that these missed days were the result of the negligence of the defendant.
The non-economic loss can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, fen.gku.an.gx.r.ku.ai8...u.k emotional and mental suffering due to the negligence of the defendant. Loss of consortium is another type of non-economic harm. It is the inability to enjoy an intimate relationship with your spouse or another significant person in the same way you once did. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions and requests for statements and documents under the oath.
Statute of limitations
In New York, as with every state, there are specific time frames - also known as statutes of limitations - within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and ensure that your claim is filed prior to the deadlines specified by law.
In most cases, the victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission committed by an health professional resulted in injury or death. Like all laws, this rule is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not start until the course of treatment is completed or when the patient is informed of the diagnosis.
In some instances such as when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. Because of this, many states have adopted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain circumstances. Your lawyer will be familiar with the rules of your state and will examine your case's timeline carefully to avoid administrative errors that can derail your claims.
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