Medical Malpractice Lawyers The medical profession is under an obligation under law to adhere to certain guidelines when treating patients. If your death or injury resulted from a breach of this duty then you could be eligible for compensation. The first step is to determine that you are owed a legal duty of care by the doctor or hospital which treated you. This includes reviewing your medical records and other documents. Duty of care The foundation of current medical malpractice law is English common law. It is a law system that was developed by the decisions of judges and courts, rather than legislative statutes or executive order. To prevail in a malpractice case attorneys representing the plaintiff must demonstrate that the hospital or physician had a responsibility to care for the person who was injured. This duty includes the obligation of following accepted medical standards. This duty includes the obligation to inform patients about the known risks that are associated with a procedure or treatment. Failure to do so is a breach of the duty of care owed to doctors. Breaches of the duty of care are frequent in medical malpractice cases. The injury or damage must be directly caused by the breach. A surgeon, for example who fails to carry out further tests based on the basis of symptoms presented could be liable. Expert testimony can be used by a patient to prove that medical or health care professional has violated their duty of caring. These experts have the same qualifications, training and expertise as the alleged medical professional. In addition to expert testimony, a plaintiff's attorney must present evidence of damages. This can include medical reports, X-rays and laboratory reports. A medical malpractice lawyer might also engage an independent examiner to evaluate the plaintiff's injuries. These tests can give an accurate assessment of the extent of the injury and strengthen the plaintiff’s case. Breach of duty If a healthcare professional fails to fulfill a legal obligation due to you as a patient, and the breach resulted in injuries or illness, you could be entitled to compensation. It is important to establish that the doctor acted negligently. This can be a challenge. Common law is the legal system that governs medical malpractice claims. This is a legal system that was developed by the decisions of judges and courts not legislative statutes. Each state has its own laws regarding what is medical malpractice. Your attorney can help clarify the laws of your state. In New York, the law obliges doctors to follow an extremely high standard of care when treating patients. This standard is defined by the standard of care that a competent and reasonable health provider would provide in similar circumstances. To establish negligence you must first establish that the doctor's care did not meet the standards of medical care and his inaction caused harm to you. A breach of the standard of care could take a variety of forms. A surgeon could accidentally cut off the wrong portion of your leg, leaving you with restricted movement or requiring additional surgeries to restore your function. Your lawyer must also prove that the doctor's actions or omissions have directly caused your injuries or health issues. This is referred to as proving causation. Causation In medical malpractice lawsuits, the plaintiff has to prove all elements of negligence that include breach of duty, breach, cause and harm. Typically this means that the plaintiff has to provide expert testimony that demonstrates that the doctor's actions or inactions deviated from the standard of care, causing harm. The defense will then be given an opportunity to question the plaintiff's expert and challenge their findings. A healthcare provider or doctor can also take advantage of defenses to shield themselves from liability for medical negligence. They could argue that the patient's injuries were caused by an related condition or outside their control. A knowledgeable New York medical malpractice lawyer will be able to prove that the injury was caused by a medical professional's breach of duty. Whatever defenses are utilized by doctors medical malpractice lawyers can help clients obtain fair compensation for their injuries. A substantial settlement or a jury award can help pay for medical bills, pay for other costs and provide for the future needs of a patient. While no amount of money can alleviate the suffering, pain, and trauma caused by a doctor's error, a financial recovery can make it easier for victims to get back on their feet. It is essential to file a lawsuit before the applicable statute of limitations expires in order to safeguard your rights and have any claims heard by a lawful court. Damages Medical negligence is when a health care provider offers substandard medical treatment and causes injury or worsens an existing illness. It could include failing to recognize an injury or illness, surgical errors, and more. In certain states, patients who suffered from medical malpractice could file claims for damages in order to obtain compensation. You must prove four elements in order to be successful in a malpractice lawsuit: a duty of care owed to you and a breach of this duty, causation and damages and injury. Your lawyer will be going through the vast medical records and conducting interviews on the record with the medical professionals who treated you, as well as experts in your case. Economic awards compensate you for your financial losses, for example the costs of additional corrective therapies as well as lost income. Your New York medical malpractice lawyer can help you determine the appropriate amount. Non-economic awards, such as the pain and suffering are more subjective. Your attorney and you must present a convincing argument that the doctor made an error that impacted your quality of living. It can take months or even years to receive the compensation you deserve. The results of medical negligence can be devastating for patients, and leave them with lasting psychological, physical and financial strains.