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A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.
In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical norms and results in injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent when providing medical care. A patient may be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure causes injuries or health complications.
The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act with reasonable care. You must then prove that the breach occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.
The expert witness can determine whether the defendant's actions were below the standard of care in your case. The expert will review your medical records, and also interview or question you to make this decision.
It is also necessary to prove that the breach of duty directly caused the 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 the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and that results in an adverse reaction, such as heart attacks.
Breach of Duty
Just like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to higher standards but because they are medical malpractice attorney experts and can make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatment and procedures.
In a case of negligence it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in this particular situation. The standard of care is typically determined by what a typical person would do in similar situations. For example an honest driver would not stop at a red light.
In a case of negligence, experts are often required to testify on the standard of care and the manner in which it was breached. They can also provide the cause of the injury and suggest ways to have prevented it from happening.
Damages
Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as non-economic 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 defends your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings the medical malpractice lawyer has to prove the number of days you were absent from work due to your Medical Malpractice Law Firm issues and the fact that the absences were due to the defendant's negligence.
Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can detail your physical, mental and emotional pain as direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages with the help of depositions and interrogatories along with requests for documents or sworn statements.
Statute of limitations
In New York, as with every state, there are certain time limits - commonly known as statutes of limitations within which a medical negligence lawsuit must be filed otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed prior to the deadlines that are set by law.
In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years from the date on which the negligence or act of a healthcare professional resulted in the death or injury. As with all laws, this rule has its exceptions. For instance, if the error committed by the health care provider was a part of a continual course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.
Additionally, in certain situations such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. In this regard, a majority of states have enacted a legal concept called the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific rules of your state and will carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.
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