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

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor violates accepted medical practices and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as sensible and prudent in providing medical care. A patient might be eligible to file a claim for medical malpractice if the standards aren't followed and the result is injury or health complications.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act in a fair manner. Then, you need to prove that a breach of that obligation occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will determine if the defendant's actions fell below the accepted standard of care in your particular circumstance. The expert will examine your medical records and interview or cross-check you to make this determination.

You must also demonstrate that the breach directly led to your injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you'll require a direct cause-and- result connection between the breach of duties and the subsequent injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being administered. This could result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals 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 obligation of care is defined in the regulations and standards that apply to certain kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to live up to the standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For instance an honest driver would not stop at a red light.

In a malpractice case, expert witnesses are often needed to testify about the standard of care and the way in which it was violated. They can also discuss the cause of the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to file a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation received from a successful malpractice case depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, evidence from experts and the assistance of economic experts. In order to establish your loss of earnings your medical malpractice lawyer has to prove the number of days you missed work due to your medical condition and also the fact that these absences were due to the negligence of the defendant.

Non-economic losses are more difficult to prove and medical malpractice lawyer may require the assistance of a professional who can be able to testify about your physical, emotional, and mental pain because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions along with requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a medical professional caused the injury or death. However like all laws there are some exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have adopted a legal concept called the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid mistakes in the administration that can derail your claims.