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A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.
In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and results in death or injury, then he could be held liable for negligence.
Duty of Care
Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical care. Patients may be in a position to file a lawsuit for medical malpractice if those standards aren't adhered to and the result is injuries or health complications.
The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity owed you a duty to act with reasonable care. You must then prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.
This expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. To allow the expert to determine this they must be able to look over your medical records and conduct an examination or interview of you.
You also need to prove that the breach of duty directly caused you to experience injuries. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for example can result in the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as heart attacks.
Breach of Duty
Doctors, just like other people, are required by law to fulfill a obligation to behave with reasonable care and caution. Doctors are held to higher standards but because they are corinth medical malpractice attorney experts and have the authority to make life-or-death decisions. The obligation of care is defined in the law and standards that apply to certain kinds of treatments and procedures.
One of the most important elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is usually determined by what a typical person would do under similar circumstances. For example, a reasonable driver would not run a red light.
In a lawsuit involving a malpractice, expert witnesses may be required to testify about the standard of care violated and the manner in which this standard was breached. They can also describe the reason for the injury and what could be done to stop 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 file a lawsuit, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).
The amount of compensation you receive from a successful malpractice suit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. In order to establish your loss of earnings your medical malpractice lawyer must establish the number of days you were absent from work due to medical complications and the fact that the absences resulted from the negligence of the defendant.
Non-economic losses are more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional, and mental distress as a result of negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages by a process of interrogatories, depositions and requests for statements and documents under oath.
Statute of limitations
In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.
In the majority of cases, a victim of medical malpractice has to make a claim within two and a half years from the date at which the act or omission of a medical professional resulted in the death or chippewa falls medical malpractice lawsuit injury. As with all laws this rule has its exceptions. If, for instance, the error committed by the health professional was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.
Additionally, in certain instances like when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. For this reason, most states have adopted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your attorney will be well-versed in the laws of your state and will review your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.
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