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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 claims.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Fremont Medical Malpractice Law Firm professionals must adhere to a set standards that are accepted by the sierra madre medical malpractice attorney profession as being prudent and reasonable when they provide healthcare. When those standards are not followed and the result is injury or health complications the patient could have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity owed you a duty to act in a reasonable way. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. In order for the expert to make this determination they must be able to examine your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly caused your injury. Causation is a third element in a malpractice claim. In most cases, [Redirect Only] you'll need a direct cause and effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example one, could result in prescribing the wrong medicine or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and caution. Doctors are held to an elevated standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the rules and regulations that apply to certain types of treatments and procedures.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it must be proven that the defendant breached that duty of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable person would do in the situation. For example the reasonable driver would not speed through the red light.

In a malpractice case expert witnesses are typically required to testify on the standard of care and how it was violated. They can also provide a detailed explanation of how the injury occurred and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise due to medical negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were away working due to great neck medical malpractice attorney problems, and proving that these missed days resulted from the defendant’s negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can detail your physical, mental and emotional suffering as direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to have an intimate, sexual relationship with your spouse or any other significant person as you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories, depositions, and requests for documents and evidence under oath.

Statute of Limitations

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

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission committed by the health professional resulted in death or injury. Like all laws, this rule has its exceptions. If, for instance the error made by the health professional was a part of a continual treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations like when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. In this regard, a majority of states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer is familiar with the laws of your state and will go over the timeline of your case carefully to avoid any administrative errors that could impede your claim.