• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must adhere to an ethical standard when treating their patients. If a doctor violates accepted medical practices and results in injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent when providing healthcare. If these standards aren't followed and the result is injuries or health issues, a patient may be able to sue for 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 had a duty to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will help determine whether the defendant's actions fell less than the accepted standard in your situation. The expert will review your medical records, and then interview or testify against you in order to make this decision.

You also need to prove that the breach of duty directly led you to experience injury. This is known as causation, and it is the third requirement of a negligence claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for example may result in prescriptions for the wrong drug or treatment being given. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to act with care and caution. Doctors are held to higher standards but because they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the law and standards that govern specific kinds of treatments and procedures.

In a negligence case it is vital to prove that the defendant owed a duty to care for the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do under the circumstances. For example an honest driver would not speed through a red light.

In a case of malpractice, experts are often required to testify on the standard of care and the manner in which it was breached. They can also describe the reason for the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount of compensation received from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. Your medical malpractice attorneys malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed working due to medical problems, and proving the fact that these days were the result of the defendant’s negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can provide evidence of your physical, emotional and mental pain as a result of the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The defendant's attorney will challenge your non-economic damages by a process of interrogatories, depositions, and requests for documents and statements under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date at which the negligence or act of a medical professional caused the injury or death. Like all laws, this law is not without exceptions. If, for instance the error made by the health professional was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In certain instances it is possible that a patient will not be aware of the issue until a long time after, for example, if a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the rules of your state and will go over your case timeline carefully to avoid administrative mistakes that could impede your claim.