20 Fun Informational Facts About Medical Malpractice Law
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Why You Need a Medical Malpractice Lawyer
A medical malpractice lawyer can help victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.
In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practices and causes injury or death, then he could be held liable for negligence.
Duty of Care
Medical professionals must adhere to set of standards which are recognized by the medical profession as sensible and prudent in providing care. A patient may be able to file a lawsuit for medical malpractice if these standards aren't followed and the result is injuries or health complications.
The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act in a reasonable way. Then, you must show that the breach of that duty occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.
An expert witness can determine whether the defendant's actions fell below the accepted standard in your case. The expert will need to examine your medical records and also interview or question you in order to make this decision.
You must also prove that the breach directly led to your injury. This is known as causation and it is the third element of a malpractice claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and can result in an adverse reaction such as heart attacks.
Breach of Duty
As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to higher standards, however, because they are medical experts and can make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific types of treatment and procedures.
In a case of negligence it is important to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not adhere to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.
In a malpractice case, experts are usually needed to testify about the standard of care and the way in which it was violated. They can also explain the cause of the injury and explain how they could have prevented it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to bring an action for damages the plaintiff has to prove 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 suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish the medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days that you missed working due to medical problems, and proving the reason for these absences resulted from the negligence of the defendant.
Non-economic losses are more difficult to prove and might require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Loss of consortium is another type of non-economic harm. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant person as you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn declarations.
Statute of limitations
In New York, as with every state, there are specific time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.
In most cases, a victim of medical malpractice has to make a claim within two and a half years of the date at which the act or omission of a medical professional caused the injury or death. As with all laws this one is not without exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the treatment is completed or until the patient learns about the diagnosis.
In some cases the patient may not recognize the problem until a long time after for instance the case where a foreign body 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 these deadlines in certain circumstances. Your attorney will be familiar with the rules of your state and will review your case timeline carefully to avoid administrative mistakes that can derail your claims.
A medical malpractice lawyer can help victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.
In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practices and causes injury or death, then he could be held liable for negligence.
Duty of Care
Medical professionals must adhere to set of standards which are recognized by the medical profession as sensible and prudent in providing care. A patient may be able to file a lawsuit for medical malpractice if these standards aren't followed and the result is injuries or health complications.
The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person was obligated to act in a reasonable way. Then, you must show that the breach of that duty occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.
An expert witness can determine whether the defendant's actions fell below the accepted standard in your case. The expert will need to examine your medical records and also interview or question you in order to make this decision.
You must also prove that the breach directly led to your injury. This is known as causation and it is the third element of a malpractice claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered and can result in an adverse reaction such as heart attacks.
Breach of Duty
As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to higher standards, however, because they are medical experts and can make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific types of treatment and procedures.
In a case of negligence it is important to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not adhere to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.
In a malpractice case, experts are usually needed to testify about the standard of care and the way in which it was violated. They can also explain the cause of the injury and explain how they could have prevented it from happening.
Damages
Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to bring an action for damages the plaintiff has to prove 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 suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish the medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days that you missed working due to medical problems, and proving the reason for these absences resulted from the negligence of the defendant.
Non-economic losses are more difficult to prove and might require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Loss of consortium is another type of non-economic harm. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant person as you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn declarations.
Statute of limitations
In New York, as with every state, there are specific time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.
In most cases, a victim of medical malpractice has to make a claim within two and a half years of the date at which the act or omission of a medical professional caused the injury or death. As with all laws this one is not without exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the treatment is completed or until the patient learns about the diagnosis.
In some cases the patient may not recognize the problem until a long time after for instance the case where a foreign body 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 these deadlines in certain circumstances. Your attorney will be familiar with the rules of your state and will review your case timeline carefully to avoid administrative mistakes that can derail your claims.
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