14 Common Misconceptions About Medical Malpractice Law > 자유게시판

Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that governs medical malpractice law malpractice cases is built on common law.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in an injury or death the doctor could be held accountable 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 providing care. If those standards are not followed and if they cause injuries or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act in a reasonable manner. Then, you have to prove that the breach of this obligation occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular case. To allow the expert to make this decision, they will need to be able to examine your medical malpractice litigation records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly led you to experience injuries. This is known as causation and it is the third component of a negligence claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and medical malpractice case the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which results in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise diligence and care. However, doctors are held to a more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care can be found in laws and standards for specific types of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant owed the obligation of taking care of the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance, would not run the traffic light.

In a malpractice case experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also discuss the cause of the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to make an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice lawyers malpractice attorney fights for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. In order to establish your loss of earnings your medical malpractice lawyer should also prove the number of days you were absent from work due to medical issues and the fact that these missed work days were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the help of a professional who will be able to testify about your physical, emotional and mental distress as a result of negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories as well as requests for documents and sworn declarations.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court could dismiss it. A New York medical malpractice case malpractice attorney who is skilled will be familiar with the nuances of these deadlines. They will also ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission made by medical professionals resulted in death or injury. As with all laws this rule is not without exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases, such as when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. In order to solve this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific laws in your state and will examine your case's timeline to avoid administrative errors that could delay your claim.