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A medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
In common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death, then he could be held accountable for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing healthcare. If the standards aren't met and that failure causes injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.
The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or medical malpractice lawyer entity had a legal obligation to act reasonably. Then, you have to prove that a breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.
The expert witness will help determine whether the defendant's actions fell below the accepted standard in your specific case. To allow the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.
You must be able to show that the breach directly caused your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you will require a direct cause-and- result relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction, like heart attacks.
Breach of Duty
Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care is outlined in the regulations and laws for certain types of treatments and procedures.
In a case of negligence, it is crucial to prove that the defendant had a duty to care for the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is generally determined by what a reasonable person would do in the situation. For example an honest driver would not speed through an intersection with a red light.
In a case of malpractice, expert witnesses may be required to testify regarding the standard of care that was breached and the way in which this standard was violated. They can also describe how the injury was caused and what could have been done to prevent it from happening.
Damages
In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that may arise from medical malpractice attorneys negligence. In order to file an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).
The amount you are awarded from a successful lawsuit for malpractice depends on how your New York medical malpractice law firms malpractice lawyer - Recommended Resource site, can argue for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must show the number of times you missed work due to your medical issues and the fact that the absences were the result of the negligence of the defendant.
Non-economic losses are more difficult to prove and might require the assistance of a professional who will provide evidence of your physical, emotional and mental suffering as a result of the negligence committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability to maintain an intimate, sexual relationship with your spouse or any other significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through interrogatories and depositions as well as requests for documents and evidence under oath.
Statute of Limitations
Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed within the deadlines stipulated by law.
In the majority of cases, victims of medical malpractice must bring a lawsuit within two and a half years from the date at which the negligence or act of a medical professional caused the injury or death. As with all laws, this rule has its exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.
In some instances, a patient may not recognize the problem until a considerable time later for instance when a foreign object remains in the body following surgery or treatment. To address this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the laws of your state and will scrutinize the timeline of your case carefully to avoid administrative mistakes that can derail your claims.
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