Medical Malpractice Lawsuits

A medical malpractice lawsuit is costly and a time-consuming process. An attorney will spend many hours analyzing your case, and conducting an investigation.

In order to bring a medical malpractice claim, you must prove that your doctor was unable to provide the proper standard of treatment. This is done by proving that a different health care professional could have done things differently.

What Is Medical Malpractice?

A medical malpractice lawsuit is an assertion that a health care professional violated his the legal obligations to a patient and that the violation caused injuries. Lawsuits alleging medical malpractice are filed in state trial courts. Each state has its own set of rules regarding the specific actions that might constitute malpractice.

In the United States, physicians are required to carry medical malpractice insurance. These policies provide the necessary funds to defend against claims for medical malpractice lawsuit medical negligence made by patients or family members. If a patient feels the doctor was negligent, they should seek out an experienced attorney for help with filing a claim as soon as is possible.

The legal concept of medical malpractice is based on ancient law and is a part of the larger tort law system that is related to professional negligence. Similar to other tort claims the plaintiff in a medical malpractice case must prove four elements in order to recover damages. These include the existence the duty of care owed by the doctor; deviation from the established standard by the defendant, an underlying causal link between the breach and injury to the patient; and the evidence of injuries that can be quantified in terms damages that would provide the plaintiff with redress.

Expert testimony is often required along with medical records to prove that a health care professional has deviated from established practices when treating patients. Experts can testify about the level of expertise and skills required by health professionals in the particular area of treatment, and can also explain how a doctor's deviation from those standards harmed the patient.

Medical Malpractice is the Cause

Medical malpractice is when a hospital, medical professional or doctor is found to be in violation of accepted standards of care and, as a result, you suffer injury or your illness worsens. Malpractice may be the result of misdiagnosis, surgical errors or inability to treat a known illness or disease, medication error or other omissions or acts that fall short of your standard of care.

The misdiagnosis of patients is among the most common reasons medical malpractice claims are filed. A misdiagnosis can be as simple as the doctor failing to recognize symptoms of a cardiac attack or as serious as waiting too long to diagnose cancer or other diseases.

Other types of medical malpractice could include surgical errors, such as leaving a sponge in you or cutting a nerve during surgery. These errors can result in permanent disfigurement or even death. Medical errors, such as giving you the wrong dose or stopping you from taking the medication that is vital to your health, are also frequent.

Birth injuries can be regarded as medical malpractice when they are caused by a physician, nurse or midwife during pregnancy, birth or labor. These injuries can range from a mild bruise to a more serious brain injury, paralysis, or even death. These injuries can be prevented and a medical malpractice attorney malpractice case could hold your doctor accountable for their actions.

Medical Malpractice Damages

In the case of medical malpractice the victim could be awarded damages for their injuries. This can include medical expenses and lost earnings. Additionally, victims are typically compensated for other losses, like pain and suffering. The legal team determines the amount of damages a victim is entitled to.

Many states have regulations in place that govern the amount of damages a plaintiff may claim in a medical malpractice case. These rules vary from state to state, but they typically take into account a range of factors, including other payment sources (like insurance) that the patient has. Some states also have a limit on damages.

The legal procedure of filing a lawsuit starts by submitting and serving of written documents to the doctor of the defendant. These documents are known as "pleadings," and they provide the allegations of wrongs committed by the doctor.

After the pleadings have been filed and the parties have filed their pleadings, they will usually arrange depositions. A deposition is a hearing where witnesses will be asked questions under an oath. The testimony is recorded and can be used in court.

While medical malpractice cases can be extremely complex but the legal system has been designed to provide a means for patients who have suffered injuries to pursue justice. Even when a case succeeds, it can be emotionally draining for the person and their families.

Medical Malpractice Lawyers

If you suspect that you suffered injuries due to the negligence of the doctor, seek out a medical malpractice lawyer immediately. 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 justice they deserve.

A medical malpractice case can be very complex and requires a lot of time and resources to pursue, including hours of attorney and physician time reviewing records, interviewing experts, and studying the medical and legal literature. The case must also be filed within the timeframe of limitations, which is two and a half years under New York law.

The first step in a medical malpractice case is to determine whether the doctor had an obligation of care and violated that duty of care. This is usually done by medical experts who analyze the facts of the case and determine whether there was any malpractice.

The next step is to determine the amount of damages that you are owed. This could include both economic and non-economic damages. Economic damages can be easily quantifiable, such as medical expenses or costs associated with your injury. Non-economic damages include suffering and pain as well as emotional or mental distress, and loss of enjoyment from your life.