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Your Health Malpractice Lawyer Can Help You File a Medical Malpractice Lawsuit

Health Malpractice Lawyer

Medical professionals have a duty to act with reasonable care and skill in the performance of their duties. Those who fail to do so may be sued for malpractice, which can result in a variety of harms to patients including serious injuries or even death.

Doctors, nurses, pharmacists, doctors who read test results, diagnostic imaging technicians and others who work in the health care field can all be guilty of medical malpractice. In addition, hospitals and surgical centers can also be liable for malpractice. Your Health Malpractice Lawyer can help you determine which parties to sue based on the facts of your case.

In order to file a Health Malpractice Lawyer, you must first establish that the doctor or hospital owed you a legal “duty of care”. This means that the professional had a responsibility to provide the same level of medical treatment that any other similarly qualified healthcare provider would have provided under the same circumstances. The lawyer must then demonstrate that the defendant breached this duty of care by not following the standard practices of the medical community.

You must also prove that the breach caused your injury and losses. To do so, your lawyer will need to review your medical records, obtain expert testimony and gather other evidence such as eyewitness statements. The lawyer will then present this information to a medical board or other court official who will decide whether to allow the lawsuit to proceed.

If a court does allow the medical malpractice suit to proceed, it must be filed within the state’s statute of limitations, which can vary from one to three years. Some states also have additional requirements, such as requiring that the claim be submitted to a panel of medical experts who will review it and determine whether there was actual malpractice.

It is also important to know that a court can deny or reduce your compensation amount if it finds that you contributed to the injury or loss. For example, if you went against your doctor’s advice and did something that made the situation worse, you will not be entitled to any compensation for related damages.

Another thing to be aware of is that the courts often impose caps on the amount of non-economic damages, such as pain and suffering and disfigurement, that you can receive in a successful medical malpractice lawsuit. These limits are intended to keep the number of malpractice cases from becoming out of control.

Medical malpractice claims can be complicated and time consuming to pursue. Having an experienced New York Medical Malpractice Lawyer at your side will help to ease the burden on you and your family.

If you believe that a health care professional committed medical malpractice, contact a New York City Health Malpractice Lawyer at Torgan Cooper + Aaron to discuss your options. We can review your case and help you recover the financial compensation that you deserve. Contact us to schedule a free consultation.