Five Killer Quora Answers On Medical Malpractice Law > 자유게시판

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must observe an ethical standard when treating their patients. If a doctor is not following the accepted medical practices and results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent when providing medical care. A patient may be able to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure results in injuries or health complications.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or entity owed you a duty to act in a reasonable manner. Then, you must show the breach of the duty occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. The expert will need to look over your medical records and interview or examine you in order to determine this.

You also need to establish that the breach of duty directly caused you to suffer injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases you will need a direct cause and result connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with care and caution. However doctors are held to a higher standard since they are medical experts and have to make life and death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant had the duty of care for the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The quality of care is usually determined by what a normal person would do in the same situation. For instance, a reasonable driver would not stop at when there is a red light.

In a malpractice lawsuit, expert witnesses may be needed to testify on the standard of care that was not met and the manner in which this standard was breached. They can also discuss how the injury occurred and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney will be able to establish the medically necessary expenses through a review of your medical malpractice lawsuits records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer has to establish the number of days you were off work due to medical conditions and the fact that the absences were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can give evidence about your physical, emotional and mental pain as a result of the negligent actions of the defendant. Loss in consortium is another type of non-economic damage. It is the inability to maintain a loving, sexual relationship with your spouse or another significant individual as you once did. The defendant's attorney will challenge the non-economic damages you suffer through 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 frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission committed by the health professional caused the injury or death. However like all laws there are some exceptions to this rule. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month mandatory "clock" will not begin until the treatment is complete or the patient is informed of the diagnosis.

In certain instances, a patient may not recognize the problem until quite a while later, for example when a foreign object remains within the body after surgery or treatment. In order to tackle this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer is familiar with the laws of your state and will examine the timeline of your case carefully to avoid mistakes in the administration that can derail your claims.