Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a lengthy and expensive process. An attorney can spend many hours analyzing your case and conducting an investigation.

You must prove that the doctor failed to provide the proper standard of care in order to submit a claim for medical malpractice. This can be done by proving that another health care provider would have behaved in a different manner.

What is medical malpractice?

A medical malpractice lawsuit is a claim that a health professional breached his or her legal duty to a patient, and that the violation caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own 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 of medical negligence filed by patients or family members. When a patient believes that the doctor was negligent and has a claim, the patient must immediately seek out an experienced lawyer for help with a claim in the time allowed in his or her state.

The medical malpractice concept is rooted in ancient law and is part of the larger tort law system that is related to professional negligence. In a case of medical malpractice the plaintiff must prove four elements to receive damages. The plaintiff must prove four basic elements to be able to claim damages. These include the existence and breach of duty by the physician and the deviance of the defendant from this standard, a causal link between the breach and the harm to the patient, and the existence of tangible injuries that can be measured as damages that will provide redress.

Expert testimony may be needed along with medical records to prove that a health care professional has strayed from the accepted procedures when treating the patient. Experts can testify about the level of knowledge and competence required by health care specialists in the specific field of treatment, and can explain how a physician's disobedience to these standards hurt the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital medical professional or any other healthcare professional does not adhere to accepted standards of care and as a result you are injured or your illness worsens. The cause of malpractice could be of a misdiagnosis, surgical error or failure to treat a diagnosed disease or illness and medication errors, as well as other actions or omissions that are not in line with your standard of care.

Medical malpractice lawsuits are usually brought due to incorrect diagnosis. A misdiagnosis could be as simple as a physician failing to recognize the symptoms of a cardiac event or as serious as waiting too long to recognize cancer or other illnesses.

Other types of medical malpractice are surgical errors, such as leaving a sponge in your body or cutting an artery during surgery, which can result in permanent and disfiguring injuries or even death. Errors in medicine, such as giving you the wrong dosage or removing you from the medication that is vital to your health, are common.

Birth injuries could also be medical negligence if they were caused by a doctor or nurse during pregnancy, labor or the birth. These injuries could be as small as a bruise, or as severe as brain injury, paralysis, or death. These injuries are preventable and your medical error lawsuit could aid in ensuring that your doctor is held accountable for the actions he or she took.

Medical Malpractice Results in Damages

In cases of medical malpractice the victim could be awarded damages to cover costs that result from their injury. This may include medical costs as well as lost income. In addition, victims are frequently compensated for other losses, like suffering and pain. The legal team decides on the amount of damages the victim is entitled.

Many states have rules in place to determine the amount of damages a plaintiff can assert in a medical negligence case. These rules differ from state to state but they typically take into account a variety of factors, including any other payment sources (like insurance) that the patient has. Furthermore, certain states have limits on damages.

The legal process to file a lawsuit begins with the submission of written documents that are filed with the court and then served on the defendant doctor. These documents are referred to as "pleadings," and they set forth the alleged wrongs committed by the physician.

After pleadings are filed in the first instance, the parties will organize a deposition. A deposition is a court hearing in which witnesses will be asked questions under oath. The testimony is then recorded to be used later in court.

While medical malpractice cases can be extremely complex however, the legal system was designed to offer a pathway for patients who have suffered injuries to pursue justice. Even when a case succeeds it can be emotionally draining for the patient and their families.

Medical Malpractice Lawyers

If you believe that you've suffered injuries due to the negligence of medical professionals It is essential to seek out a reputable medical malpractice lawyer as quickly as possible. Josh Silber has extensive experience dealing with this type matter and has a demonstrable track record of success getting his clients the compensation they deserve.

A medical malpractice lawsuit could be complex and time-consuming. It may take hours of physician or attorney time to look over records as well as interview expert witnesses and conduct research on legal and medical literature. The lawsuit must be filed within two and a quarter years, as per New York law.

In a medical malpractice claim, the first step is to determine if a physician did not meet his duty of care. This is usually done with the recourse to medical experts who will review the facts of your case and determine whether there was negligence and if the negligence caused your injury.

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