• 목록
• 답변
• 게시판 리스트 옵션
  • 수정
  • 삭제

Why You Need a Medical Malpractice Lawyer

A medical Malpractice Law firms malpractice lawyer assists injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as sensible and prudent in providing care. If those standards are not followed and the result is injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the person or entity had a legal obligation to act in a reasonable manner. Then, you have to prove that a breach of that duty occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were below the standard of care in your situation. In order for the expert to determine this, they will need to be able review your medical records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty directly caused you to experience injuries. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of cases, you will require a direct cause and result relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that in turn causes an adverse reaction like a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a duty to act with reasonable care and caution. Doctors are held to a higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the particular circumstance. The standard of care is typically determined by what a normal person would do under similar situations. A reasonable driver, for instance would not operate at a traffic light.

In a case of malpractice experts may be required to testify regarding the standard of care that was not met and the way in which this standard was breached. They can also discuss how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential damages that could result due to medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice law firm malpractice attorney must prove your lost earnings by proving the amount of days you were absent from work because of medical problems, and proving that these missed days were a result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will provide evidence of your physical, emotional, and mental distress because of the negligence committed by the defendant. Loss in consortium is another type of non-economic harm. This is the inability to have an intimate, sexual relationship with your spouse, or any other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents and sworn declarations.

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, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission committed by an health professional caused injury or death. However as with all laws there are a few exceptions to this rule. If, for instance, the error made by the health professional was a part of a continual treatment plan, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances, such as when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. For this reason, most states have adopted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain instances. Your attorney will be aware specific laws of your state and will look over your case's timeline in order to avoid administrative errors that could delay your claim.