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

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor violates accepted medical procedures and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as reasonable and prudent when they provide treatment. If the standards aren't followed and the result is injuries or health problems, a patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was obligated to act reasonably. You must then prove the breach occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

This expert witness will be able determine if the defendant's actions were below the accepted standard of care in the particular case. The expert will examine your medical records and interview or examine you in order to make this decision.

You must also be able to establish that the breach of duty directly caused you to suffer injuries. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medication or treatment being given. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Like all people, have a legal obligation to behave with reasonable care and prudence. However doctors are held to an even more stringent standard because they are considered experts in medicine and have to make life and death decisions. The duty of care can be found in the regulations and laws for certain types of treatments and procedures.

In a negligence case it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is typically determined by what an ordinary person would do in similar situations. For example an honest driver wouldn't run when there is a red light.

In a case of negligence, experts are often required to testify about the standard of care and the manner in which it was breached. They can also describe how the injury occurred and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any loss that may result due to medical negligence. In order to file an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, evidence from experts and the assistance of economic experts. For your loss of earnings Your medical malpractice lawyer must establish the number of days you missed work due to medical conditions and the fact that the absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can detail your physical, mental and emotional pain as an direct result of defendant's negligence. Loss of consortium is a different type of non-economic damage. It is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person as you once did. The defendant's attorney will challenge your non-economic losses through a process of depositions, interrogatories, and requests for documents and statements under oath.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice (relevant web site) lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines established by law.

In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years of the date when the act or omission of a doctor or other health professional resulted in the death or injury. As with all laws this law is not without exceptions. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until the treatment is completed or when the patient learns of the diagnosis.

In some instances for instance, when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. In order to solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer is well-versed in the laws of your state and will examine your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.