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

• 페이스북 공유
• 트위터 공유
• 

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorneys malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical practices and results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent in their care. If those standards are not adhered to and the failure results in injury or health complications patients may be able to file a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was obligated to act in a reasonable way. Then, you need to prove that a breach of that obligation occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your case. The expert will need to review your medical records, and interview or examine you in order to make this determination.

You also need to establish that the breach of duty directly led you to suffer injuries. This is known as causation and it is the third component of a malpractice claim. In most cases, you'll require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and with caution. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the law and standards which are applicable to specific types of procedures and treatments.

In a case of negligence, it is essential to establish that the defendant owed a duty to care for the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is typically determined by what an ordinary person would do under similar situations. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care that was not met and how the standard was violated. They can also explain the cause of the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any losses that might arise from medical negligence. To submit an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also prove the number of days you were off work due to medical issues and the fact that these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will give evidence about your physical, emotional and mental suffering as a result of the negligent actions of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and lawsuits sexual relationship as you did with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through interrogatories, depositions and requests for documents and statements under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must bring a suit within two and a half years of the date that the act or omission made by medical professionals resulted in injury or death. However as with all laws there are some exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or when the patient learns about the diagnosis.

In some instances the patient may not recognize the problem until a considerable time later, for example in the event that a foreign substance remains within the body after surgery or treatment. For this reason, most states have adopted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain situations. Your attorney will know the specific rules in your state and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.