Medical Malpractice Lawsuits

A medical malpractice lawsuit can be an expensive and time-consuming process. An attorney will spend a lot of hours analyzing your case and conducting an investigation.

In order to file a medical malpractice claim, you must demonstrate that your doctor didn't provide the proper standard of care. This is accomplished by proving that a different health care professional could have performed their duties in a different manner.

What Is Medical Malpractice?

A medical malpractice suit is a claim stating that a health professional violated their legal obligations to a patient, and that the violation caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own rules regarding the specific actions that may constitute malpractice.

Doctors who practice in the United States must carry medical malpractice insurance. These policies typically cover the cost of a defense against claims of medical negligence filed by patients or their families. If a patient feels the doctor's negligence was a result of their actions, they should seek out an experienced attorney for help in filing a claim as quickly as they can.

The medical malpractice concept is rooted in ancient law and is a part of the tort law system, which is akin to professional negligence. In a medical malpractice claim, the plaintiff must prove four elements in order to be awarded damages. The plaintiff must establish four essential elements to receive damages. These include the existence and breach of a obligation by the physician, the deviance by the defendant from the standard, a causal link between the breach and the injury suffered by the patient, and the existence of identifiable injuries that can be measured as damages that can be used to obtain the plaintiff with redress.

Expert testimony may be needed in addition to medical records to demonstrate that a health care professional has violated accepted practices when treating a patient. Experts can testify on the level of expertise and competence required by health care specialists in the specific area of treatment, and they can explain how a physician's deviation from these standards has harmed the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital physician or other healthcare professional violates the accepted standards of healthcare and as a result you are injured or your condition gets worse. It could be the result of misdiagnosis, surgical errors, failure to treat a known illness or disease and medication errors, as well as other acts or omissions which are not in line with your standard of care.

Medical malpractice cases are often filed due to misdiagnosis. A misdiagnosis can be as simple as a physician failing to recognize the symptoms of a cardiac arrest or as serious as waiting to long to recognize cancer or other illnesses.

Other types of medical malpractice could be surgical errors, like leaving a sponge inside your body or cutting your nerve during surgery. These errors can lead to permanent disfigurement, or even death. Mistakes in medication, like giving you the wrong dose or stopping you from taking an essential medication to your health, are frequent.

Birth injuries can also be medical malpractice if they are caused by a nurse or doctor during labor, pregnancy or the birth. These injuries can be as simple as a bruise to as serious as a brain injury, paralysis or even death. These injuries can be prevented and your medical malpractice lawsuit may help hold your doctor medical malpractice lawsuits accountable for their conduct.

Medical Malpractice Causes

In the case of medical malpractice the victim could be awarded compensation for their injuries. This could include things like lost income and medical expenses. Additionally, victims are often compensated for non-economic losses like suffering and pain. The legal team determines the amount of damages a victim is entitled to.

There are many states that have laws that define the amount that a plaintiff may claim in a medical malpractice case. The rules vary state-to-state, but in general, they consider many factors, including any other sources of payment (like insurance) that a patient has received. Additionally, some states have limits on damages.

The legal procedure of filing a lawsuit begins with the submission and distribution of written documents to the defendant doctor. These documents are known as "pleadings," and they detail the alleged violations committed by the doctor.

After the pleadings are filed, the parties arrange a deposition. A deposition is an interview in which questions are put under oath to the witness. The testimony is recorded and can be used in court.

Medical malpractice cases can be a bit complicated and the legal system provides a way for medical malpractice lawsuits injured patients who seek justice to receive it. Even if a lawsuit is successful, it can be emotional for the patient and their families.

Medical Malpractice Lawyers

If you think that you were injured because of the negligence of medical professionals, you must consult a medical negligence lawyer right away. Josh Silber is a medical malpractice lawyer with extensive knowledge of this area of law. He has a proven track of success and has helped many clients receive the compensation they deserve.

A medical malpractice case can be extremely complex and requires a large amount of time and resources to pursue, such as hours of attorney and doctor time looking over records, speaking with experts, and studying the medical and legal literature. The case must also be filed within the timeframe of limitations which is two and a half years under New York law.

The first step in a medical negligence case is to determine whether the doctor had the duty of care and violated that duty of care. This is usually accomplished through the use of medical experts who will analyze the circumstances of your case and determine whether there was malpractice, and if the negligence caused your injury.

The next step is to determine the amount of damages that you are owed. This could be a combination of economic and non-economic damages. Economic damages are easily quantifiable, for instance as medical expenses and other costs associated with your injury. Non-economic damages could include suffering and pain emotional or mental distress and loss of enjoyment in your life.