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A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.
Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, then he could be held liable for negligence.
Duty of Care
Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when providing treatment. When those standards are not followed and the result is harm or health issues patients may be able to bring a medical malpractice lawsuit.
The first step in a case of malpractice is to prove 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 the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.
The expert witness can determine whether the defendant's actions fell less than the accepted standard in your particular case. In order for the expert to make this determination they must be able to examine your medical records and conduct an examination or interview with you.
It is also necessary to prove that the breach of duty directly led you to experience injuries. Causation is the third factor in a malpractice lawsuit. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and that can result in an adverse reaction, like a heart attack.
Breach of Duty
Like all doctors physicians, medical malpractice lawyer doctors are legally bound by an obligation to act with care and caution. However doctors are held to a higher standard since they are medical experts and have to make life and death decisions. The responsibility of medical care is described in the rules and regulations that are situated for specific kinds of treatments and procedures.
One of the primary elements that must be proven in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proven that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is usually determined by what a reasonable person would do under the circumstances. For instance, a reasonable driver would not stop at the red light.
In a case of negligence, experts are usually needed to testify regarding the standard of care and how it was violated. They can also discuss the reason for the accident and what could have prevented it.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To submit a claim for damages, the plaintiff must prove both actual financial losses (such as medical malpractice law firms expenses and lost wages) and non-economic losses (such as suffering and pain).
The amount you are awarded from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also show the number of times you were off work because of your medical complications and the fact that the absences were the result of the negligence of the defendant.
Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability of having a romantic, sexual connection with your spouse or another significant person like you used to. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn testimony.
Statute of limitations
In New York, as with every state, there are specific time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and ensure that your claim is filed before the deadlines specified by law.
In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years from the date when the act or omission of a health care provider resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. If, for instance the error committed by the health care provider was part of a continuing course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.
In some instances for instance, when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. To deal with this issue, medical malpractice lawyer a majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be familiar with the laws of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that could impede your claim.
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