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蘇狀師談醫療過失

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 The Avery Index estimates that Washington, D.C. has the highest concentration of lawyers in the United States, with about 276 lawyers per 10,000 residents. Most are smart and capable. However, when the stakes are high and you are contemplating waging a legal battle to obtain justice when you have been harmed by a medical professional, you want an attorney who has tried cases before and knows what it takes to win.   When you have decided to go all in and file a lawsuit, your choice of legal counsel will have a significant impact on your chances of success. Medical malpractice cases  are labor intensive and expensive. You can improve your chances of prevailing when you choose the right lawyer for your needs.

▲蘇狀師談藥害事故

Judge Rules Johnson & Johnson Must Pay $572 Million for Helping Fuel Opioid Crisis in Oklahoma 法官判決Johnson & Johnson必須對其於奧克拉荷馬州所引發類鴉片藥物之危害給付5億7千2百萬美元的賠償金 In the first decision to hold a drug-maker accountable for any part of the decades-long opioid crisis, a district judge in Cleveland ruled Monday that Johnson & Johnson must pay more than $572 million for its role in flooding Oklahoma with the dangerous painkillers. 作為首個認定藥商要對其造成數十年久鴉片類藥物氾濫之任何環節係可究責的判決。星期一克里夫蘭地區法院法官判決 Johnson & Johnson須就其成為奧克拉荷馬州止痛藥氾濫成災一角,給付超過5億7千2百萬美元之賠償金。 The decision, handed down by Cleveland County District Judge Thad Balkman, came in the first of many state cases against pharmaceutical companies to go to trial. (The company has said it will appeal the ruling.) More than 40 other states have filed similar claims, and it’s likely Monday’s decision will affect those cases. Separately, one giant federal lawsuit composed of complaints from nearly 2,000 cities, counties, and other smaller entities is scheduled to go to trial in October. 該判決為由克里夫蘭郡地區法官Thad Balkman所作出,係諸多州審理對藥商提告藥害案件中,第一個判決(該公司表明期將會對此判決上訴)。有超過40個州提起類似之訴訟。同時星期一的判決可能影響其他正在訴訟的案件。可茲區別地,一個囊括從將近2000市、郡和其他小公司之超大聯邦訴訟預計在10月提起。 Oklahoma Attorney General Mike Hunter brought the case in 2017 against Johnson & Johnson, Purdue Pharma, and Teva Pharmaceuticals. The state settled with the two other companies, getting $85 million from Teva and $270 millionfrom Purdue Pharma and the Sackler family, which owns the company. But Johnson & Johnson, which directly sold two prescription opioids and had two subsidiaries that also grew and supplied the opioids’ ingredients, instead faced a lengthy non-jury trial in which it insisted it had not misled doctors and was not responsible for any negative effects from legal, FDA-approved drugs. (Johnson & Johnson is perhaps better known to the public for its toothpaste, baby products, and many other household goods.) 奧克拉荷馬州檢察長Mike Huntery在2017年對 Johnson & Johnson, Purdue Pharma和 Teva Pharmaceuticals等起訴,從Teva得到8千5百萬美元的賠償金,從 Purdue Pharma 和擁有Purdue Pharma 之Sackler 家族獲得2億7千萬美元之賠償金。但直接販售兩種類鴉片處方藥之Johnson & Johnson公司,和兩家栽種和供應類鴉片成分之子公司,取而代之的是,面臨一個冗長無陪審團的審判,而在這訴訟中,其堅稱其未誤導醫師,同時主張就已經FDA核准之用藥所生之副作用要負法律上責任(Johnson & Johnson就其所製造之牙膏、嬰兒產品和其他家用品為公眾所知)。

▲蘇狀師談醫療過失

▲蘇狀師談醫療過失 Medical malpractice in the United States(cited from wiki) 美國之醫療失當簡概 Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. 醫療失當是由醫療提供者於施行治療之過失行為或疏忽所致,因其未能依循醫療社羣之執業常規而造成病人之死或傷,絕大部分係肇因於過失。醫療失當在美國法院以民事侵權來訴訟。有時候醫療失當行為亦將構成犯罪行為,例如知名歌星麥克傑克森死亡一案便是。 Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice.  醫療從業人員往往從職業責任險來填補其從醫療失當訴訟所耗損之費用 Elements of the case A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. 原告若要取得勝訴,必須要符合下列五個過失侵權的要件 1.A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. 1.義務:每當醫療院所對病人從事照護或治療時,有法定義務存在。 2,A duty was breached: the provider failed to conform to the relevant standard care. 2.違反義務:醫療院所未能遵守相關的注意義務 3.The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury. 3.違反義務造成損害:義務之違反係損害發生之主因或近因 4.Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession.Further establishment of conditions of intention or malice where applicable. 4.偏離常規:其必須證明執業者所為之醫療行為係有違其職業常規 5.Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. 5.損害:無生損害即無請求之基礎(損害可能是金錢或情感上的),不管醫療院所是否有過失。同樣的,沒有過失亦生損害,例如:某人死於致命的疾病。

▲蘇狀師談藥害事故

Judge Rules Johnson & Johnson Must Pay $572 Million for Helping Fuel Opioid Crisis in Oklahoma 法官判決Johnson & Johnson必須對其於奧克拉荷馬州所引發類鴉片藥物之危害給付5億7千2百萬美元的賠償金 In the first decision to hold a drug-maker accountable for any part of the decades-long opioid crisis, a district judge in Cleveland ruled Monday that Johnson & Johnson must pay more than $572 million for its role in flooding Oklahoma with the dangerous painkillers. 作為首個認定藥商要對其造成數十年久鴉片類藥物氾濫之任何環節係可究責的判決。星期一克里夫蘭地區法院法官判決 Johnson & Johnson須就其成為奧克拉荷馬州止痛藥氾濫成災一角,給付超過5億7千2百萬美元之賠償金。 The decision, handed down by Cleveland County District Judge Thad Balkman, came in the first of many state cases against pharmaceutical companies to go to trial. (The company has said it will appeal the ruling.) More than 40 other states have filed similar claims, and it’s likely Monday’s decision will affect those cases. Separately, one giant federal lawsuit composed of complaints from nearly 2,000 cities, counties, and other smaller entities is scheduled to go to trial in October. 該判決為由克里夫蘭郡地區法官Thad Balkman所作出,係諸多州審理對藥商提告藥害案件中,第一個判決(該公司表明期將會對此判決上訴)。有超過40個州提起類似之訴訟。同時星期一的判決可能影響其他正在訴訟的案件。可茲區別地,一個囊括從將近2000市、郡和其他小公司之超大聯邦訴訟預計在10月起訴。 Oklahoma Attorney General Mike Hunter brought the case in 2017 against Johnson & Johnson, Purdue Pharma, and Teva Pharmaceuticals. The state settled with the two other companies, getting $85 million from Teva and $270 millionfrom Purdue Pharma and the Sackler family, which owns the company. But Johnson & Johnson, which directly sold two prescription opioids and had two subsidiaries that also grew and supplied the opioids’ ingredients, instead faced a lengthy non-jury trial in which it insisted it had not misled doctors and was not responsible for any negative effects from legal, FDA-approved drugs. (Johnson & Johnson is perhaps better known to the public for its toothpaste, baby products, and many other household goods.) 奧克拉荷馬州檢察長Mike Huntery在2017年對 Johnson & Johnson, Purdue Pharma和 Teva Pharmaceuticals等起訴,從Teva得到8千5百萬美元的賠償金,從 Purdue Pharma 和擁有Purdue Pharma 之Sackler 家族獲得2億7千萬美元之賠償金。但直接販售兩種類鴉片處方藥之Johnson & Johnson公司,和兩家栽種和供應類鴉片成分之子公司,取而代之的是,面臨一個冗長無陪審團的審判,而在這訴訟中,其堅稱其未誤導醫師,同時主張就已經FDA核准之用藥所生之副作用要負法律上責任(Johnson & Johnson就其所製造之牙膏、嬰兒產品和其他家用品為公眾所知)。

蘇狀師談醫療過失

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 The Avery Index estimates that Washington, D.C. has the highest concentration of lawyers in the United States, with about 276 lawyers per 10,000 residents. Most are smart and capable. However, when the stakes are high and you are contemplating waging a legal battle to obtain justice when you have been harmed by a medical professional, you want an attorney who has tried cases before and knows what it takes to win.   When you have decided to go all in and file a lawsuit, your choice of legal counsel will have a significant impact on your chances of success. Medical malpractice cases  are labor intensive and expensive. You can improve your chances of prevailing when you choose the right lawyer for your needs.