Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a lengthy and costly process. It takes several hours for an attorney review your case and conduct 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 medical care. This is done by proving that another health care provider could have done things differently.

What is medical malpractice?

A medical malpractice lawsuit is the claim that a medical care professional violated his or her legal duty to a patient, and that this breach caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own rules regarding what can be considered to be a violation of the law.

In the United States, physicians are required to have medical malpractice insurance. These policies provide the necessary funds to defend against claims for medical negligence made by patients or their family members. If a patient feels that a doctor has acted negligently, he or she must immediately seek out an experienced lawyer to assist in filing a claim within the timeframes in the state where they reside.

The medical malpractice concept is rooted in ancient 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. They must prove the existence of a duty of care by the physician; the deviation from the established standard by the defendant, an causal connection between the breach and the patient; and finally, the existence of injuries that can be quantified by damages that provide justice.

Expert testimony is often required in addition to medical records to demonstrate that a health care professional has not followed established practices when treating a patient. Experts can testify on the amount of knowledge and competence required by health professionals in a specific field of treatment, and Medical malpractice Law firm can also explain how a doctor's infraction to those standards caused harm to the patient.

Medical Malpractice is the Cause

Medical malpractice is when a hospital, physician or other healthcare professional violates accepted standards of care and as a result you are injured or your condition gets worse. Medical malpractice can result from surgical errors or misdiagnosis, failures to treat a disease or illness that is well-known as a medical malpractice law Firm error, or any other actions or omissions that are not in line with your standard of care.

Medical malpractice claims are often filed due to the wrong diagnosis. A misdiagnosis could be as simple as the doctor failing to recognize symptoms of a cardiac arrest or as serious as waiting to long for a diagnosis of cancer or other illnesses.

Other types of medical malpractice may be surgical errors, like creating a sponge within you or cutting a nervous during surgery. These mistakes can cause 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 also common.

Birth injuries are considered medical malpractice when they are caused by a doctor, nurse or midwife during pregnancy, delivery or labor. These injuries could range from a minor bruise to a major brain injury, paralysis, or even death. These injuries are preventable, and your medical error lawsuit could help ensure your doctor is held accountable for the actions he or she took.

Medical Malpractice Causes

In the case of medical malpractice the victim may be awarded damages for their injuries. This could include medical expenses and lost earnings. Victims are also often compensated for non-economic damages, such as pain and discomfort. The amount of damages a victim may receive is determined by their legal team.

There are many states that have laws that define the amount of damages that a plaintiff can be able to claim in a medical malpractice case. These rules differ by state however, generally speaking, they take into consideration various factors, including any other sources of compensation (like insurance) that a patient has received. Some states also have a cap on damages.

The legal procedure to file a lawsuit begins by submitting written documents that are filed with the court and delivered to the doctor who is the defendant. These documents, also known as "pleadings," detail the allegations of wrongs the doctor committed.

After pleadings have been filed and the parties have filed their pleadings, they will usually schedule a deposition. A deposition is a hearing where witnesses are asked questions under swearing. 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 way for Medical Malpractice law firm victims to seek justice. Even when a case is successful it can be emotionally draining and financially challenging for both the patient and their family.

Medical Malpractice Lawyers

If you suspect that you have been injured because of the negligence of a medical professional, it is important to consult a skilled medical malpractice lawyer as soon as possible. Josh Silber has extensive experience with this type of legal issue and has a proven track record of success in getting his clients the justice they deserve.

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

In a case of medical malpractice the first step is to determine if a physician did not meet his duty of care. This is usually done by medical experts who review the circumstances of the case and determine whether there was any malpractice.

The next step is to determine the amount of damages you are legally obligated to pay. This could include both economic and non-economic damages. Economic damages are easily quantifiable, for instance as medical expenses and other costs caused by your injury. Non-economic damages could include suffering and pain and emotional distress, and loss of enjoyment from your life.