Medical Malpractice Lawsuits

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

To have a medical malpractice claim, you must show that your doctor didn't provide the appropriate standard of treatment. This is accomplished by proving that a different health care professional would have acted differently in the same situation.

What Is Medical Malpractice?

A medical malpractice suit is a lawsuit that claims a health professional violated their legal obligation to the patient and that this violation caused injury. Lawsuits 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.

In the United States, physicians are required to carry medical malpractice insurance. These policies cover the cost of defending against medical negligence claims filed by patients or family members. If a patient believes the doctor was negligent, they should seek out an experienced attorney for help with filing a claim as soon as is possible.

Medical malpractice is a legal concept that is based on ancient laws and is part of a larger tort law system related to professional negligence. Like other tort claims, a plaintiff in a medical malpractice case must prove four fundamental elements to be able to claim damages. These include the existence of a duty of care by the physician; deviance from the established standard by the defendant, there is a causal connection between the breach and injury to the patient; and finally, the evidence of injuries that can be measured in terms of damages that would provide justice.

Expert testimony might be required in addition to Medical Malpractice Law Firm records to show that a health professional has violated the accepted procedures when treating a patient. Experts can testify as to the level of knowledge and skills that are required of health specialists in a particular area of treatment. They can also provide an explanation of how a doctor's deviation from these standards may harm the patient.

Medical Malpractice Causes

Medical malpractice occurs 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. Malpractice can be caused by mistakes in diagnosis or surgical errors or failures to treat an illness or illness that is known as a medical error, or any other actions or omissions that are not in line with your standard of care.

Misdiagnosis is among the most common reasons why medical malpractice claims are filed. A misdiagnosis could be as simple as a physician failing to recognize the symptoms of a cardiac attack or as serious as waiting too long to identify cancer or other ailments.

Other types of medical malpractice include surgical mistakes, such as leaving a sponge inside your body or cutting a nerve during surgery that can cause permanent and painful injuries or even death. Medication mistakes, such as giving the wrong dosage of a medicine or stopping the medication that is essential to your health, are also frequent.

Birth injuries are considered medical malpractice when they are caused by a nurse, doctor or midwife during pregnancy, birth or labor. These injuries can range from a minor bruise to a severe brain injury, paralysis or even death. These injuries can be prevented and the medical malpractice lawsuit you file could aid in ensuring that your doctor is accountable for the actions he or she took.

Medical Malpractice Injuries

In cases of medical malpractice the victim could be awarded damages to pay for the expenses that result from their injury. This can include medical expenses and lost income. Victims also are often compensated other damages that are not economic, like pain and discomfort. The legal team decides on the amount of damages the victim is entitled.

Many states have rules in place that define the amount of damages a plaintiff may claim in a medical malpractice case. These rules differ from state to state however, they generally take into consideration a number aspects, including any other payment sources (like insurance) received by the patient. Some states also have limits on damages.

The legal procedure to file a lawsuit begins by submitting written documents that are filed with the court and served 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 have been filed, the parties plan a deposition. A deposition is an informal interview in which questions are posed under oath by the witness. The testimony is recorded to be used later in court.

Medical malpractice cases are a complex matter and the legal system provides an avenue for Medical Malpractice Law Firm patients who seek justice to do so. Even when a case succeeds, it can be emotionally draining for the victim and their families.

Medical Malpractice Lawyers

If you believe you've suffered injuries because of the negligence of an medical professional, it is important to contact an experienced medical malpractice lawyer as quickly as you can. Josh Silber has extensive experience dealing with this type of legal matter and has a demonstrated track record of success in getting his clients the compensation they deserve.

A medical malpractice case can be a lengthy and complicated process. It may require hours of attorney or physician time to review records, interview expert witnesses, and conduct research on legal and medical literature. The lawsuit must be filed within two and a half years, as per New York law.

The first step in a medical negligence case is to determine if the doctor Medical Malpractice Law Firm was bound by the duty of care and breached the duty of care. This is usually accomplished through the use of medical experts who will review the facts of your case and determine whether there was negligence and if the negligence directly caused your injury.

The next step is to determine the amount of damages you are due. This could include both economic and non-economic damages. Economic damages are easily quantifiable, for instance as medical expenses and costs caused by your injury. Non-economic damages are more difficult to quantify, and can include things like suffering and suffering, loss of enjoyment life, and mental or emotional distress.