Medical Malpractice Lawsuits

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

To be able to make a medical negligence claim, you must demonstrate that your doctor was unable to provide the required standard of treatment. This is accomplished by proving that a different medical professional would have behaved differently in the same circumstance.

What is Medical Malpractice?

A medical malpractice lawsuit is an assertion that a health care professional violated his their legal obligation to a patient, and that the violation caused injury. Medical malpractice lawsuits are filed in state trial courts. Each state has its rules on what actions can be considered malpractice.

Doctors who practice in the United States must carry medical malpractice insurance, and these policies generally provide defense against claims for medical negligence brought by patients or their families. If a patient feels that the doctor acted negligently, he or she should immediately contact an experienced lawyer to assist in filing a claim within the timeframes in the state of residence.

Medical malpractice is a concept in law which is based on the old laws and is part of a larger tort law system related to professional negligence. As with other tort claims, a plaintiff in a medical malpractice lawsuit must prove four fundamental elements to be able to claim damages. They must prove the existence of a duty of care by the doctor; deviation from the norm by the defendant, a causal relationship between the breach and injury to the patient; and the tangible presence of injuries that can be quantified in terms of damages that can be used to obtain compensation.

In addition to medical records, expert testimony may be required to establish the fact that a particular healthcare professional was not following the accepted standards of care when treating a patient. Experts can testify about the level of expertise and skill that is expected by health professionals in their particular area of treatment, and can provide evidence of how a doctor's disobedience to these standards hurt the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital, medical professional or any other healthcare professional violates accepted standards of care and you suffer injury or your condition worsens. The cause of malpractice could be mistakes in diagnosis or surgical error or failure to treat a disease or illness that is recognized as such, medication errors, or other actions or omissions that fall below your standard of care.

Medical malpractice lawsuits are usually filed because of misdiagnosis. A misdiagnosis can be as simple as the physician failing to recognize the symptoms of a cardiac arrest, or as serious as waiting to long to recognize cancer or other ailments.

Other types of medical malpractice can include surgical mistakes, such as leaving a sponge inside you or cutting a nervous during surgery. These errors can lead to permanent disfigurement, or even death. Incorrect dosages of medication, for instance giving the wrong dosage of a medication or stopping the medication that is essential to your health are frequent.

Birth injuries can also be medical negligence if they're caused by a doctor or nurse during pregnancy, labor or the birth. These injuries can be as simple as a bruise or as serious as a brain injury, paralysis, or death. These injuries are preventable and your medical malpractice lawsuit could assist in ensuring that your doctor will be held accountable for the actions he or she took.

Medical Malpractice Damages

In cases of medical malpractice the victim could be awarded damages to pay for the expenses associated with their injuries. This may include medical costs as well as lost income. In addition, victims are frequently paid for non-economic losses like pain and suffering. The legal team determines the amount of damages the victim is entitled.

A number of states have regulations in place that define the amount of damages a plaintiff may be able to claim in a medical malfeasance case. These rules vary by state however, in general they consider a number of factors including any other sources of compensation (like insurance) that a patient received. In addition, some states have limits on damages.

The legal process of filing a lawsuit starts by submitting and serving of written documents to the doctor of the defendant. These documents, referred to as "pleadings," detail the alleged wrongs that the doctor committed.

After the pleadings have been filed, the parties arrange depositions. A deposition is a meeting where questions are asked under oath by the witness. The testimony is recorded and can be used in court.

While medical malpractice cases can be extremely difficult however, the legal system was designed to provide a means for patients who have suffered injuries to seek justice. Even when a case is successful it can be financially draining and emotionally exhausting for both the patient and their loved ones.

Medical Malpractice Lawyers

If you think you were injured as a result of the negligence of medical professionals, you must contact a medical malpractice lawyer immediately. Josh Silber is a medical malpractice lawyer with extensive experience in this field of law. He has a track of success and has helped a variety of clients receive the compensation they deserve.

A medical malpractice suit can be complex and time-consuming. It may require hours of physician or attorney time to look over records or interview expert witnesses and research medical and legal literature. The case must 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 if the doctor was bound by a duty of care and breached that duty of care. This is usually done with the use of medical experts who will review the facts of your case to determine whether there was malpractice and that the negligence directly caused your injury.

The next step is to determine the amount of damages that you are entitled to. This could include economic and noneconomic damages. Economic damages are ones that are easily quantified, like medical bills or expenses associated with your injuries. Non-economic damages are more difficult to quantify, and can include things like suffering and suffering, loss of enjoyment of life, or emotional or mental distress.