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Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent when providing treatment. If the standards aren't followed and the result is injuries or health issues the patient may be able to file a medical malpractice lawsuit.
The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act in a reasonable manner. Then, you need to prove that the breach of this duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.
An expert witness can determine whether the defendant's actions are less than the accepted standard in your case. The expert will need to review your medical records, and then interview or testify against you in order to make this decision.
You must also demonstrate that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being given. This can cause 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 the utmost care and caution. However, doctors are held to an even more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care can be found in laws and standards governing specific kinds of treatments and procedures.
In a negligence case it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example would not use at a traffic light.
In a case of malpractice expert witnesses could be required to provide evidence on the standard of care violated and how this standard was breached. They can also discuss the reason for the injury and what could have been done to prevent it from occurring.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).
The amount you are awarded from a successful malpractice suit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to prove your loss of earnings the medical malpractice lawyer must demonstrate the number of days you missed work because of your medical conditions and the fact that these days off work were due to the negligence of the defendant.
Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional pain that is direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and also requests for documents or sworn statements.
Statute of Limitations
As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed prior to the deadlines that are set by law.
In the majority of cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission committed by medical professionals caused injury or death. Like all laws, this rule has its exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the treatment is completed or until the patient becomes aware of the diagnosis.
Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. Because of this, many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules in your state and will carefully look over your case's timeline in order to avoid administrative errors that could delay your claim.
A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.
In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death, he may be liable for negligence.
Duty of Care
Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent when providing treatment. If the standards aren't followed and the result is injuries or health issues the patient may be able to file a medical malpractice lawsuit.
The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act in a reasonable manner. Then, you need to prove that the breach of this duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.
An expert witness can determine whether the defendant's actions are less than the accepted standard in your case. The expert will need to review your medical records, and then interview or testify against you in order to make this decision.
You must also demonstrate that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will require a direct cause-and-effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being given. This can cause 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 the utmost care and caution. However, doctors are held to an even more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care can be found in laws and standards governing specific kinds of treatments and procedures.
In a negligence case it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example would not use at a traffic light.
In a case of malpractice expert witnesses could be required to provide evidence on the standard of care violated and how this standard was breached. They can also discuss the reason for the injury and what could have been done to prevent it from occurring.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).
The amount you are awarded from a successful malpractice suit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to prove your loss of earnings the medical malpractice lawyer must demonstrate the number of days you missed work because of your medical conditions and the fact that these days off work were due to the negligence of the defendant.
Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional pain that is direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and also requests for documents or sworn statements.
Statute of Limitations
As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed prior to the deadlines that are set by law.
In the majority of cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission committed by medical professionals caused injury or death. Like all laws, this rule has its exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the treatment is completed or until the patient becomes aware of the diagnosis.
Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. Because of this, many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules in your state and will carefully look over your case's timeline in order to avoid administrative errors that could delay your claim.
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