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Why You Need a medical malpractice lawyer (Mazafakas link for more info)

A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors are required to adhere to the standard of care when treating their patients. If a physician does not follow accepted medical practice and it results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. If these standards aren't adhered to and the failure results in injury or health complications the patient could be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they were bound to act in a fair manner. Then, you have to prove that the breach of that duty occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

This expert witness can help determine if the defendant's actions were less than the accepted standard in your case. The expert will need to examine your medical records and then interview or testify against you in order to determine this.

You must also establish that the breach directly caused your injury. This is known as causation, and it is the third element of a negligence claim. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with care and caution. Doctors are held to higher standards, however, because they are medical experts who make life-or-death decisions. The obligation of care is found in the regulations and laws for certain types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For instance an honest driver would not speed through the red light.

In a malpractice lawsuit experts could be required to testify regarding the standard of care violated and how the standard was breached. They can also explain the cause of the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a claim, 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 suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary costs by reviewing 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 absent from work because of medical problems, and proving the reason for these absences were due to the defendant’s negligence.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional and mental distress because of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In most cases, the victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission committed by the health professional resulted in injury or death. Like all laws, this one is not without exceptions. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is found within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. Because of this, many states have enacted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your lawyer is familiar with the laws of your state and will examine your case timeline carefully to avoid any administrative errors that could cause delays to your claim.