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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors must follow an ethical standard when treating their patients. If a physician violates accepted medical practice and causes injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the lewisville medical malpractice law firm industry as being prudent and reasonable in providing medical healthcare. A patient could be able to file a lawsuit for medical malpractice if these standards aren't met and the result is injuries or health complications.

The first element in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you a duty to act reasonably. Then, you must show that a breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will need to look over your medical records and then interview or testify against you to determine this.

You should also be able to establish that the breach of duty caused you to suffer injuries. This is known as causation, and it is the third component of a malpractice claim. In most cases you will require a direct cause-and- result connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered, which can result in an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise the utmost care and caution. However doctors are held to a higher standard because they are considered medical experts 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 the duty of care for the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is typically determined by what a typical person would do under similar circumstances. A reasonable driver, for example would not use an intersection at a stoplight.

In a malpractice case expert witnesses could be required to provide evidence on the standard of care that was not met and how the standard was violated. They can also describe the reason for the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that might arise from medical negligence. To make a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work due your medical conditions, and also that these missed days resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional, and mental suffering because of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations - within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed before the deadlines that are set by law.

In the majority of cases, a victim of medical malpractice has to make a claim within two and a half years of the date on which the act or omission of a health care provider resulted in the death or injury. Like all laws, this law is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, vimeo the 30-month mandatory "clock" will not begin until the course of treatment is completed or until the patient learns about the diagnosis.

In some instances it is possible that a patient will not realize the problem until a long time later, for example in the event that a foreign substance remains in the body following surgery or Vimeo treatment. In this regard, a majority of states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware specific laws of your state and carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.