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

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician does not follow accepted medical practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when providing treatment. If these standards aren't followed and if they cause injury or health complications patients may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that the breach occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion they must be able review your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third element of a negligence claim. In the majority of cases, you will need a direct cause and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being prescribed and results in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. Doctors are held to higher standards due to the fact that they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the regulations and standards that are situated for specific types of procedures and treatments.

One of the most important 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 proven that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the particular situation. The standard of care is typically determined by what a normal person would do in similar circumstances. For example the reasonable driver would not speed through the red light.

In a case of malpractice, experts are usually needed to testify on the standard of care and medical malpractice lawyer how it was violated. They can also discuss the cause of the injury and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that might arise due to medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you have missed working due to medical conditions, and also that these days were the result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can describe your mental, physical, and emotional pain as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to maintain an intimate relationship with your spouse, or any other significant person in the same way you used to. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission by the health professional caused injury or death. As with all laws this rule is not without exceptions. If, for instance, the error made by the health professional was part of a ongoing course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances patients may not realize the problem until quite a while later, for example when a foreign object remains within the body after surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain instances. Your attorney will be familiar with the rules of your state and will go over your case timeline carefully to avoid administrative errors that can derail your claims.