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

Why You Need a Medical Malpractice Lawyer

A medical malpractice law firms malpractice lawyer can help victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide care. If those standards are not met and that failure causes injuries or health issues the patient could be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that the breach of that obligation occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

An expert witness can determine whether the defendant's actions are not in line with the accepted standards in your case. In order for the expert to make this determination they must be able to look over your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third component of a malpractice claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis, for example one, could result in the wrong medication being prescribed or treatment being given. This can cause a negative reaction such as a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. However doctors are held to an even higher standard because they are medical experts and have to make life and death decisions. The duty of care is set in the law and standards that govern specific types of treatments and procedures.

In a case of negligence it is vital to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The quality of care is usually defined by what an average person would do in similar situations. For example the reasonable driver would not speed through a red light.

In a malpractice case experts are usually needed to testify about the standards of care and how it was violated. They can also describe the reason behind 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 protect against potential loss that may result from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorneys malpractice attorney defends your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days that you missed from work because of medical problems, and proving that these days were the result of the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can describe your physical, mental and emotional pain as an direct result of defendant's negligence. Loss of consortium is a different type of non-economic harm. It is the inability of having an intimate, sexual relationship with your spouse or any other significant individual as you used to. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines specified by law.

In most cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years of the date that the act or omission made by the health professional caused injury or death. However like all laws, there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

In some instances patients may not discover the problem until a long time after, for example in the event that a foreign substance is left within the body after surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that allows injured victims to extend these deadlines in certain instances. Your attorney will know the specific rules of your state and will carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.