Medical law is a branch of law involving issues arising from health care providers, particularly when patient rights are violated. Medical lawyers mostly engage in medical malpractice lawsuits, where professionals are liable for mistakes that adversely affect patients. Of course, in other cases, medical lawyers might actually defend physicians or advise committees.
Unlike other attorneys, medical lawyers need good communication, interpersonal, research, and analytical skills. The first two attributes mentioned are essential when you consider the nature of information people will share regarding their case, which often covers areas of sensitivity. There are medical malpractice lawyers in Syracuse and many other regions around the United States, who take on multiple responsibilities.
Education and Experience
Medical malpractice lawyers study three years of law school, but often obtain additional qualifications in bioethics to assist with their everyday duties. Prior to entering law school, law students need a bachelor’s degree in any undergraduate major. Those who are interested in becoming medical attorneys are wise to seek internships to gain hands on experience. It is a complex discipline that requires real life practice.
Negligence
This is the branch of law that medical malpractice lawyers specialize in. Negligence concerns tort law, involving civil lawsuits surrounding wrongful actions. Though negligence isn’t intentional wrongdoing, it is the outcome of behavior that matters in law, not the intentions. Negligence is associated with a failure to exercise reasonable care. For example, if a surgeon leaves a sponge inside a patient, they can be sued for negligence, despite making an unintentional mistake. The medical profession is one which requires vigilance, so any mistakes are punishable by law. Medical malpractice lawyers can seek compensation for clients who are victims of negligence.
Ethics
This relates to specific issues arising in a health care environment. For example, patients have rights regarding end-of-life care and treatment, which can give rise to various ethical questions. Medical attorneys with a background in bioethics can advise hospital committees on the legalities of end-of-life care policy. This may, for example, concern policies on how long to provide life sustaining treatment for a patient who has been judged permanently comatose.
Confidentiality
Confidentiality is a highly sensitive issue in medical law. It is important because there is significant controversy surrounding who has access to patient information. People who work with medical lawyers will share confidential information, so they can receive professional advise arising from specialist knowledge and experience. Patients are entitled to confidentiality when they work with health care providers, who are legally prevented from sharing information with certain parties. A patient will usually have to give consent before information is shared. Medical lawyers represent clients whose confidentiality has been breached, where information has been divulged without consent. There are alternative circumstances where medical lawyers defend lawyers who are being accused of breaching confidentiality, representing the other side of the coin.