Five Killer Quora Answers On Medical Malpractice Law > 자유게시판

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors must observe a standard of care in treating their patients. If a doctor does not adhere to accepted medical practices and results in injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical malpractice attorneys industry as being prudent and reasonable in providing medical treatment. When those standards are not met and that failure causes injuries or health problems the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you an obligation to act in a fair manner. The next step is to prove the breach of the duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in your particular situation. The expert will examine your medical records and also interview or question you to make this determination.

You should also be able to prove that the breach of duty directly caused you to experience injuries. Causation is a third element in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being prescribed and could result in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that govern specific types of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by a duty to care for the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is typically determined by what a reasonable person would do in the situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a malpractice case experts may be required to testify about the standard of care that was breached and how this standard was breached. They can also describe how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any losses that might arise due to medical negligence. To bring a claim for damages the plaintiff must show 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 case is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were away working due to medical conditions, and also the reason for these absences were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can explain your mental, physical, and emotional pain that is direct result of the defendant's negligence. Loss in consortium is another type of non-economic harm. It is the inability of having a loving, sexual relationship with your spouse or any other significant person like you used to. The lawyer for the defendant will attempt to challenge your non-economic losses through depositions, interrogatories, and requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and will ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission committed by medical professionals resulted in the injury or death. As with all laws this rule is not without exceptions. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is complete or the patient learns of the diagnosis.

Additionally, in some cases, such as when an object that is foreign remains in 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. In this regard, a majority of states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be familiar with the laws of your state and will scrutinize your case timeline carefully to avoid administrative errors that could cause delays to your claim.