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Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.
In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical practices and causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals are expected to follow a set of standards accepted by the medical industry as reasonable and prudent in providing medical treatment. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't followed and the breach causes injuries or health problems.
The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.
The expert witness will determine if the defendant's actions were below the accepted standard of care in the particular case. To allow the expert to arrive at this conclusion they must be able to review your medical records and conduct an examination or interview with you.
You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases you will require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction, such as heart attacks.
Breach of Duty
As with all other professionals, doctors have a legal obligation to act with care and prudence. However, doctors are held to a higher standard due to the fact that they are medical malpractice Law firm experts and have to make life and death decisions. The duty of care can be found in laws and standards for specific kinds of treatments and procedures.
In a case of negligence it is vital to prove that the defendant owed the duty of care for the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what an ordinary person would do under similar situations. A reasonable driver, for example, would not run the traffic light.
In a malpractice case, expert witnesses may be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also discuss what caused the injury and what could have prevented it from happening.
Damages
In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. In order to submit an action for damages, the plaintiff must prove 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 argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical malpractice law firm records, utilizing expert testimony, and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer has to establish the number of days you were off work because of your medical condition and also the fact that these absences were the result of the defendant's negligence.
Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional distress as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to have an intimate relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents or sworn statements.
Statute of Limitations
In New York, as with every state, there are certain time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice law firms malpractice attorney who is skilled will be well-versed in the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.
In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date when the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.
In certain instances the patient may not discover the problem until quite a while later, for example in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will be familiar with the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration that could impede your claim.
A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.
In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical practices and causes an injury or death it could be liable for negligence.
Duty of Care
Medical professionals are expected to follow a set of standards accepted by the medical industry as reasonable and prudent in providing medical treatment. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't followed and the breach causes injuries or health problems.
The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. Then, you need to prove that a breach of that obligation occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.
The expert witness will determine if the defendant's actions were below the accepted standard of care in the particular case. To allow the expert to arrive at this conclusion they must be able to review your medical records and conduct an examination or interview with you.
You must also demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases you will require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction, such as heart attacks.
Breach of Duty
As with all other professionals, doctors have a legal obligation to act with care and prudence. However, doctors are held to a higher standard due to the fact that they are medical malpractice Law firm experts and have to make life and death decisions. The duty of care can be found in laws and standards for specific kinds of treatments and procedures.
In a case of negligence it is vital to prove that the defendant owed the duty of care for the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what an ordinary person would do under similar situations. A reasonable driver, for example, would not run the traffic light.
In a malpractice case, expert witnesses may be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also discuss what caused the injury and what could have prevented it from happening.
Damages
In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. In order to submit an action for damages, the plaintiff must prove 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 argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical malpractice law firm records, utilizing expert testimony, and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer has to establish the number of days you were off work because of your medical condition and also the fact that these absences were the result of the defendant's negligence.
Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional distress as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to have an intimate relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents or sworn statements.
Statute of Limitations
In New York, as with every state, there are certain time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice law firms malpractice attorney who is skilled will be well-versed in the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.
In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date when the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.
In certain instances the patient may not discover the problem until quite a while later, for example in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will be familiar with the laws of your state and will examine your case timeline carefully to avoid mistakes in the administration that could impede your claim.
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