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

Why You Need a Medical Malpractice Lawyer

A medical malpractice law firms malpractice attorney can help injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted medical procedures and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical malpractice law firms profession as being reasonable and prudent in providing healthcare. When those standards are not met and that failure causes injury or health complications patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a fair manner. You must then prove the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fall below the standard of care that is accepted in your particular circumstance. To allow the expert to determine this they must be able to look over your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty directly caused the injuries. Causation is the third factor in a claim for malpractice. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and prudence. Doctors are held to higher standards due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care is found in the laws and standards that govern specific kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The standard of care is typically defined by what an average person would do under the same circumstances. For instance an honest driver would not stop at when there is a red light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care violated and the way in which this standard was violated. They can also discuss the reason for the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that may arise from medical negligence. In order to make an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can prove your medically necessary expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings Your medical malpractice lawyer should also prove the number of days you were away from work due to your medical complications and the fact that the absences were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can testify about your physical, emotional and mental pain because of the negligent actions of the defendant. Loss of consortium is a second type of non-economic injury. It is the inability to enjoy an intimate relationship with your spouse, or any other significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages by depositions, interrogatories, and demands for documents and declarations under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date that the negligence or act of a healthcare professional resulted in the death or injury. As with all laws this law is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

In some instances patients may not realize the problem until a considerable time later, for example the case where a foreign body remains in the body following surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your attorney will know the specific laws in your state and will go over the timeline of your case to avoid administrative errors that can derail your claim.