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A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In common law, Medical malpractice attorney doctors are required to adhere to an ethical standard when treating their patients. If a physician does not follow accepted medical practice and it results in an injury or death it could be liable for negligence.
Duty of Care
Medical professionals are expected to adhere to a set standards accepted by the medical malpractice lawyers industry as being reasonable and prudent in providing medical treatment. A patient may be legally able to bring a lawsuit for medical malpractice lawsuit malpractice if the standards aren't adhered to and the failure causes injuries or health complications.
The first part of a malpractice lawsuit is to prove 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 in a reasonable manner. Then, you have to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.
The expert witness will be able determine if the defendant's actions fell below the accepted standard of care in the particular case. The expert will need to review your medical records, and also interview or question you in order to arrive at this conclusion.
You also need to establish that the breach of duty caused you to suffer injuries. This is known as causation, and it is the third element of a malpractice claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and that results in an adverse reaction, such as a heart attack.
Breach of Duty
As with all people, have a legal duty to act with reasonable care and be cautious. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatments and procedures.
In a negligence case, it is vital to prove that the defendant had a duty to care for the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor failed to perform to the required standard of care for the situation. The quality of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.
In a malpractice case, medical malpractice lawyer experts are often required to testify about the standard of care and how it was violated. They can also explain the cause of the injury and suggest ways to have prevented it.
Damages
In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise from medical negligence. In order to make a claim 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 receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days that you missed working due to medical issues, and the fact that these days were due to the defendant’s negligence.
The non-economic loss can be more difficult to prove and might require the help of a professional who can give evidence about your physical, emotional and mental distress as a result of the negligence of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories, depositions, and requests for documents and sworn declarations.
Statute of limitations
As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed before the deadlines established by law.
In most cases, victims of medical malpractice must bring a lawsuit within two and a half years of the date that the act or omission of a healthcare professional caused the injury or death. However as with all laws there are a few exceptions to this rule. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or when the patient becomes aware of the diagnosis.
In certain instances it is possible that a patient will not realize the problem until a long time later for instance when a foreign object is left in the body following surgery or treatment. In this regard, a majority of states have adopted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware of specific laws in your state and will go over the timeline of your case to avoid administrative errors that can derail your claim.
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