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How a Medical Malpractice Lawyer Can Help

Medical malpractice is a legal term that describes negligence by medical professionals resulting in injury to patients. While there are many different forms of medical malpractice, the most common include a failure to diagnose or treat an illness, surgical errors, and medication errors. When these mistakes cause an injury, the injured patient may be entitled to compensation for past and future damages such as lost wages, medical expenses, pain and suffering, and emotional distress.

The law that governs medical malpractice claims in the United States is derived from state and local laws, as well as common law and case law. While the specific details of medical malpractice law vary between states, all jurisdictions have certain basic requirements that must be met for a patient to successfully bring a lawsuit against a physician.

One of the most important aspects of bringing a medical malpractice claim is establishing that a physician breached the standard of care in his or her practice. The standard of care is a benchmark that defines the degree of skill and caution that a reasonably prudent medical professional with similar training and experience would exercise under similar circumstances. To successfully establish breach of the standard of care, a patient must also show that the doctor’s negligent conduct caused him or her injury, which resulted in quantifiable damages.

Despite the fact that a medical malpractice claim must be filed within two and a half years from the date of the last treatment, it can often take several months to reach trial. During this time, a medical malpractice lawyer can help a client gather the evidence that is necessary to prove their case. This is particularly true in cases that involve ongoing treatment. The lawyer will help the client to keep track of the dates, doctors, and bills associated with their treatment, as this information will be needed during the deposition process.

At a deposition, the client will be asked questions under oath by attorneys representing both the plaintiff and defendant. Depositions are conducted according to the Federal Rules of Civil Procedure and corresponding state rules. The testimony is taken from the deponent, or the person being questioned, either in a conference room at the attorney’s office or at the physician’s location.

A seasoned New York medical truck accident lawyer malpractice attorney will have extensive knowledge of the laws related to your case, and will be able to effectively communicate with insurance representatives on your behalf. He or she will also have access to additional resources that can bolster your case, such as expert consultants and medical professionals. This will allow him or her to negotiate and argue your case with strength, which can improve your chances of receiving fair results. The complexities involved in medical malpractice cases are often daunting, and it is critical to have an experienced legal team on your side. Contact Duffy & Duffy to schedule a free consultation with a qualified medical malpractice lawyer today.