蘇狀師談醫療過失

蘇思鴻 律師
發表時間:2019/11/13 12:19 282 次瀏覽

WHAT TO CONSIDER BEFORE FILING A MEDICAL MALPRACTICE LAWSUIT
在提起醫療過失訴訟前應考量什麼?

Just because your doctor or any other medical professional made a mistake about your care, it does not amount to medical malpractice. As a plaintiff (the person who brings the claim) you need to establish a few things before you can even file a medical malpractice lawsuit. If you are unsure whether or not you have grounds to make a claim, consider this:
在你的醫師或其他任何醫療專業人士就你的醫療照護出錯時,其並不等同醫療疏失。身為原告在起訴前你需要確立一些事。假如你不是很確定你的起訴是否有理由,你可參照下事:
Did your doctor fail to live up to his or her duty of care?
醫師有無遵守他或她的注意義務?Establish that the doctor owed you a duty of care. This is the basic underpinning of a doctor-patient relationship. If you were in that physician’s care, the doctor’s duty is the same as might be expected of any other doctor in the same geographic area, in a similar specialty with a similar educational background.

Was there a breach of duty?

Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.

Was there an injury caused by the breach?

In the case of the doctor leaving a medical implement inside of a patient’s body, it could cause pain, infection, perforated organs, and a host of other problems. You would have to be able to draw a direct line of causation between the injury and the breach, which in some cases is obvious and in others can be quite complicated.

Do you have sufficient evidence?

The medical evidence must present a compelling case. You will need credentialed medical experts who are willing to testify and thorough medical records that document the extent of the medical error and the injuries it caused you. If you don’t know what kind of evidence you need, your medical malpractice lawyer will.

MAKING A CLAIM FOR COMPENSATION

You must make your claim against the correct person or entity. In some cases, you would sue the doctor directly, but in other cases you might sue the hospital or health care system. In Washington, D.C. you have three years from the date of injury to file a medical malpractice lawsuit. You must make sure that you take action immediately when you have been injured at the hands of a trusted physician or another medical care provider.

CHOOSING THE RIGHT D.C. MEDICAL MALPRACTICE ATTORNEY

Medical malpractice cases  are labor intensive and expensive. You can improve your chances of prevailing when you choose the right lawyer for your needs.

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