We always expect our doctors to behave in a professional manner. Considering we are handing out a sizeable chunk of money we expect to be given impeccable care. However, this isn’t always the case. Doctors are not infallible, like the rest of us they can make basic mistakes which can have drastic consequences. If you feel like you’ve been mistreated by a doctor, get in touch with a New York medical malpractice lawyer. Until then, let’s understand what qualifies as medical malpractice and how it’s proven in a court of law.
Medical malpractice it the third leading cause of death in the US. Though a death doesn’t need to occur to have grounds to sue for medical malpractice. MM is recognized when a doctor’s care drops below the “standard of care.” This gray area of standard of care is in part defined as what another medical care provider would have done differently. This is then typically compared to how the doctor in question carried out his or her care of the patient.
The most obvious way to know if you have been on the receiving end of medical malpractice is if you were injured as a result of negligence on behalf of the doctor. While this is a potential sign of negligence, it doesn’t necessarily mean that you have a case against the doctor. Medical malpractice is extremely difficult to prove due to the many gray areas involved. That being said, in 2012 alone, medical malpractice victims won more than $3 billion in MM payouts.
Don’t delay if you think that a doctor has mistreated you. Building a strong case and gathering damning details regarding the case is often time-sensitive. The injury in question and personal medical history must both be reviewed thoroughly and witnesses must be interviewed. Medical malpractice injuries can result in consequences that last a lifetime. Get what’s owed to you by contacting a NY medical malpractice lawyer.
If your only education in litigation is from Law & Order, you may not be able to note the differences between a criminal and a civil case. Although their cases are more similar than they are different, there are some significant differences.
The crucial difference that people should take note of is that when a plaintiff wins a criminal case the defendant goes to jail, whereas in civil cases, the defendant will not go to jail but will end up paying the plaintiff a certain amount of money. In regards to outcome, this is the main difference between the two types of cases. One may think that a defendant can either be tried in a civil or criminal case, but not both. However, this is a falsehood; the two cases are not mutually exclusive. A NY auto accident may result in both jail time from a criminal case and a hefty payout from a civil case.
Criminal cases are viewed as crimes against the state, which is why a state prosecutor takes the case to court. Civil cases are viewed as crimes against an individual or a number of individuals, where the plaintiffs seek monetary compensation.
Another fundamental difference between these two types of cases is the standard of proof. It’s this standard that is used to determine what level of proof is needed to judge someone to be in the wrong. As we well know, criminal defendants must be proven guilty, “beyond a reasonable doubt.” Civil cases have a lower standard of proof that needs to be met; it’s called “the preponderance of the evidence,” which means that those deemed to be culpable are judged so if it turns out more likely than not that the infraction in question occurred.
If you’re looking for a jury during a civil case hearing, you’ll be surprised to find that the jury box is empty. Jurors are typically only called in during criminal cases and are rarely used during civil trials.
Civil case lawyers identify as injury attorneys, medical malpractice lawyers, and many more. For a New York-based injury attorney call ISK.