Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a lengthy and expensive process. It takes several hours for an attorney to thoroughly analyze your case and conduct an investigation.

You must show that the doctor did not provide the proper level of care to make a claim for medical malpractice. This can be done by proving that a different health care professional would have handled the situation differently in the same situation.

What is medical malpractice?

A medical malpractice suit is a lawsuit that claims a medical professional breached their legal obligation to the patient, and this breach caused injury. 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 provide defense against claims of medical negligence filed by patients or their families. If a patient believes a doctor acted negligently they should consult a seasoned attorney to assist in filing a claim as soon as they can.

The medical malpractice concept is based on old law and is part of the larger tort law system that is related to professional negligence. Like other tort claims the plaintiff in a medical malpractice lawsuit must prove four elements to be able to claim damages. This includes the existence of an obligation of care on the part of the physician; deviance from the established standard by the defendant; an underlying causal link between the breach and the patient; and finally, the tangible presence of injuries that can be quantified in terms of damages that could be used to seek justice.

In addition to medical documents, expert testimony could be required to prove the fact that a particular health professional erred from established standards of practice when treating patients. Experts can testify to the level of knowledge and abilities that are expected of health care professionals in a specific area of treatment. They can also describe how a physician’s deviation from these standards can harm the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital, medical professional or doctor violates the accepted standards of healthcare and you suffer injury or your illness worsens. Medical malpractice can be the result of a misdiagnosis, surgical error or inability to treat a recognized disease or illness, medication error or other actions or omissions that are not in line with your standard of care.

Medical malpractice cases are often filed due to mistaken diagnosis. A misdiagnosis can be as simple as a physician not being able to recognize the symptoms of a cardiac event or as serious as waiting too long to recognize cancer or other illnesses.

Other types of medical malpractice are surgical mistakes, such as leaving a sponge inside you or cutting an artery during surgery, which could cause permanent and painful injuries or even death. Medication errors, such as giving you the wrong dose or stopping you from taking an essential medication to your health, are also common.

Birth injuries could also be medical malpractice if they were caused by a nurse or medical malpractice lawsuit doctor during pregnancy, labor or delivery. These injuries can be as simple as a bruise, or as serious as a brain injury, paralysis or even death. These injuries can be avoided and a medical malpractice lawsuit can help ensure that your doctor is held accountable for their actions.

Medical Malpractice Injuries

In cases of medical malpractice, the victim may be awarded damages to pay for the expenses associated with their injuries. This can include medical expenses as well as lost income. Additionally, victims are often compensated for losses that are not economic like suffering and pain. The legal team determines the amount of damages an individual victim is entitled to.

There are many states that have laws that set the amount of damages that a plaintiff can assert in a medical negligence case. The rules vary state-to-state but generally, they consider a number of factors including any other sources of compensation (like insurance) that a patient received. Additionally, some states have limits on damages.

The legal process to file a lawsuit begins with the submission of written documents that are filed with the court and delivered to the defendant doctor. These documents are referred to as "pleadings," and they provide the allegations of wrongs committed by the doctor.

After the pleadings are filed, the parties arrange a deposition. A deposition is an event where witnesses will be asked questions under oath. The testimony is recorded and can be used in court.

Medical malpractice cases can be a bit complicated and the legal system offers injured patients who seek justice to receive it. Even if a case proves successful it can be difficult financially and emotionally for both the patient and their loved ones.

Medical Malpractice Lawyers

If you believe you've suffered injuries because of the negligence of an medical professional, it is important to seek out a reputable medical malpractice lawyer as quickly as possible. Josh Silber is a medical malpractice lawyer with years of experience in this field of law. He has a proven track record of success and has assisted many clients get the compensation they deserve.

A medical malpractice case can be extremely complex and requires a significant amount of time and resources to pursue, such as hours of attorney and physician time reviewing records, interviewing experts, and analyzing the legal and medical literature. The case must also be filed within the statute of limitations that is two and a quarter years under New York law.

The first step in a medical negligence case is to determine if the doctor was bound by the duty of care and breached that duty of care. This is usually done by medical experts who look over the facts of the case to determine whether there was malpractice.

Next, you need to determine the amount of damages that you are legally obligated to pay. This can be both economic and non-economic damages. Economic damages are ones that are easily quantified, including medical bills and costs related to your injuries. Non-economic damages are more difficult to quantify, and can include things like the pain and suffering, loss of enjoyment life, or emotional or mental distress.