Medical Malpractice Lawsuits

A medical malpractice suit is costly and a time-consuming procedure. It takes many hours for an attorney to carefully review your case and conduct an investigation.

To have a medical malpractice claim, you must demonstrate that your doctor was unable to provide the required standard of care. This is done by demonstrating that a different health care professional would have acted differently in the same situation.

What is Medical Malpractice?

A medical malpractice suit is a claim stating that a medical professional breached their legal obligation towards the patient, and the violation resulted in injuries. Legal actions claiming medical malpractice are filed in state trial courts. Each state has its own set of rules regarding the specific actions that could constitute malpractice.

Doctors who practice in the United States must carry medical malpractice insurance. These policies generally will cover the cost of defense against claims of medical negligence filed by patients or their families. If a patient believes an individual doctor has acted negligently and is unable to prove it, they should immediately consult an experienced lawyer to assist in filing a claim within time frame allowed by the state where they reside.

The medical malpractice concept is based on ancient law and is part of the larger tort law system that relates to professional negligence. In a case of medical malpractice, the plaintiff must prove four elements to be awarded damages. These include the existence of an obligation of care on the part of the physician; the deviation from the norm by the defendant; a causal relationship between the breach and the patient; and finally, the measurable presence of injuries that can be quantified in terms of damages that can be used to obtain redress.

In addition to medical documents, expert testimony might be required to prove that a particular healthcare professional was not following accepted standards of practice in treating a patient. Experts can testify on the degree of knowledge and skills required by health professionals in the particular area of treatment, and can describe how a physician's deviation from those standards harmed the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital, doctor or other healthcare professional violates accepted standards of care and, as a result, you are injured or your condition gets worse. Medical malpractice can be the result of a mistaken diagnosis, surgical errors or failure to treat a known illness or disease or medication error, or any other actions or omissions that aren't in compliance with the standard of care.

Misdiagnosis is among the most frequent reasons for medical malpractice claims are filed. A misdiagnosis can be as simple as a doctor not recognizing the symptoms of a cardiac arrest or as serious as waiting too long to recognize cancer or other ailments.

Other forms of medical malpractice be surgical errors, like creating a sponge within you or cutting a nervous during surgery. These mistakes can cause permanent disfigurement, or even death. Medication errors, such as giving you the wrong dosage or removing you from the medication that is vital to your health, are common.

Birth injuries can also be medical negligence if they were caused by a nurse or doctor during labor or birth. These injuries can range from a mild bruise to a more serious brain injury, paralysis, or even death. These injuries can be prevented and your medical malpractice lawsuit could help ensure that your doctor is held accountable for their conduct.

Medical Malpractice Results in Damages

In cases of medical malpractice, the victim may be awarded damages to cover expenses that result from their injury. This may include medical costs and lost income. Victims also are often compensated non-economic damages such as discomfort and pain. The legal team determines the amount of damages the victim is entitled.

There are many states that have laws that determine the amount of damages that a plaintiff can assert in a medical negligence case. These rules differ from state to state, however, they generally take into consideration a number factors, such as any other payment sources (like insurance) that the patient has. Certain states also have limits on damages.

The legal procedure of filing a lawsuit begins with the submission and delivery of written documents to the doctor who is the defendant. These documents are known as "pleadings," and medical malpractice lawyer they provide the allegations of wrongs committed by the doctor.

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

Medical malpractice cases can be a bit complicated and the legal system provides an avenue for patients who are seeking justice to get it. Even if a case wins it can be emotional for the patient and their families.

Medical Malpractice Lawyers

If you believe you have been injured due to the negligence of the medical professional you trust, it is important to consult a skilled medical malpractice lawyer as quickly as possible. Josh Silber is a medical malpractice lawyer with extensive experience in this particular area of law. He has a track of success and has helped many clients obtain the compensation that they deserve.

A medical malpractice lawsuit is a complex matter and requires a large amount of time and resources to pursue, including hours of physician and attorney time looking over records, speaking with experts, and analyzing the legal and medical literature. The case must be filed within two and a half years, as per New York law.

In a medical malpractice claim, the first step is to determine whether a doctor violated his duty of care. This is usually done by medical experts who analyze the details of the case and determine if there was any malpractice.

Next, you need to determine the amount of damages that you are entitled to. This could be a combination of economic and non-economic damages. Economic damages are ones that are easily quantified, for example, medical bills and other expenses caused by your injuries. Non-economic damages are more difficult to quantify, and can include things like suffering and pain and loss of enjoyment life, or emotional or mental distress.