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

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice law firm malpractice lawsuits.

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor is not following the accepted medical norms and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide care. When those standards are not followed and the result is harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act with reasonable care. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether or not the defendant's actions fall below the standard of care that is accepted in the particular case. The expert will look over your medical records and interview or cross-check you to determine this.

You must also demonstrate that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis for instance one, could result in prescribing the wrong medicine or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, medical malpractice attorney doctors are legally bound by an obligation to act with the utmost care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and can make life-or-death decisions. The duty of care is set in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is generally determined by what a reasonable person would do in the same situation. For instance an honest driver would not speed through a red light.

In a malpractice case, experts are usually needed to testify about the standards of care and the way in which it was violated. They can also explain what caused the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical malpractice attorneys negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney fights for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer must also establish the number of days you were away from work due to your medical condition and also the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can detail your physical, mental, and emotional suffering as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic damage. It is the inability of having a romantic, sexual connection with your spouse or any other significant person like you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and ensure that your claim is filed before the deadlines set by law.

In the majority of cases, a victim of medical malpractice must present 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. However like all laws, there are a few exceptions to this rule. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain instances, such as when a foreign object is found within the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. This is why many states have enacted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific rules of your state and carefully go over the timeline of your case to avoid any administrative errors which could cause delays to your claim.