Medical Malpractice Lawsuits

A medical malpractice lawsuit can be an expensive and time-consuming process. It takes many hours for an attorney review your case and conduct an investigation.

In order to file a medical malpractice claim, you must demonstrate that your doctor didn't provide the appropriate standard of medical care. This can be done by proving that another medical professional would have acted in a different way.

What is medical malpractice?

A medical malpractice suit is a claim that states that a medical professional breached their legal obligations to patients, and that this violation caused injuries. Legal actions claiming medical malpractice are filed in state trial courts. Each state has its own set of rules regarding what actions might constitute malpractice.

In the United States, physicians are required to carry medical malpractice insurance. These policies will cover the cost of defending against claims for medical negligence made by patients or their family members. If a patient believes a doctor acted negligently they should seek out an experienced lawyer for assistance in making a claim as soon as they can.

The legal concept of medical malpractice is based on ancient law and is a part of the tort law system that is related to professional negligence. Similar to other tort claims, a plaintiff in a medical malpractice case must prove four fundamental factors to receive damages. They must prove the existence of the duty of care of the physician; the deviance from that standard by the defendant, a causal relationship between the breach and injury to the patient; and the tangible presence of injuries that can be quantified by damages that could be used to seek redress.

In addition to medical records, expert testimony could be required to prove that a certain health professional erred from accepted standards of practice when treating the patient. Experts can testify about the degree of knowledge and expertise that are required of health professionals in a specific field of treatment. They can also provide an explanation of why a physician's omission from these standards harms the patient.

Medical Malpractice Causes

Medical malpractice can occur when your condition is aggravated by a hospital or doctor, or any other healthcare professional who fails to adhere to accepted standards. It could be the result of a misdiagnosis, surgical error or inability to treat a diagnosed illness or disease or medication error, as well as other acts or omissions that aren't in compliance with the standard of care.

Medical malpractice claims are often filed because of mistaken diagnosis. A misdiagnosis could be as simple as a doctor failing to recognize symptoms of heart attacks or as grave as a delay in waiting too long to diagnose cancer or another disease or illness.

Other forms of medical malpractice may include surgical mistakes, such as leaving a sponge inside you or cutting a nervous during surgery. These errors could cause permanent disfigurement, or even death. Medication errors, such as giving you the wrong dosage or taking you off a medicine that is essential to your health, are also frequent.

Birth injuries can be considered medical malpractice if they're caused by a nurse, doctor or midwife during pregnancy, birth or labor. These injuries can be as minor as a bruise, or as serious as a brain injury, paralysis, or death. These injuries are preventable, and the medical malpractice lawsuit you file could help ensure that your doctor is accountable for his or her actions.

Medical Malpractice Results in Damages

In cases involving medical malpractice, the victim can be awarded damages for their injuries. This can include things like lost income as well as medical expenses. Additionally, victims are typically compensated for non-economic losses like suffering and pain. The legal team decides on the amount of damages an individual victim is entitled to.

Many states have rules in place to determine the amount of damages a plaintiff may claim in a medical malpractice case. The rules vary from state to state, however, they generally consider a variety of factors, including any other payment sources (like insurance) received by the patient. Some states also have a limit on damages.

The legal process of filing a lawsuit starts with the submission and service of written documents to the defendant doctor. These documents are known as "pleadings," and they detail the alleged violations committed by the physician.

After pleadings are filed, the parties will typically schedule depositions. A deposition is an interview where questions are put under oath before the witness. The testimony is recorded for later use in court.

Medical malpractice cases can be complicated and the legal system provides the injured who seek justice to receive it. Even if a case proves successful, it can be emotionally draining and financially challenging for both the patient and their family.

Medical Malpractice Lawyers

If you believe that you were injured because of the negligence of a doctor, you should seek the help of a medical malpractice lawyer right away. Josh Silber has extensive experience dealing with this type matter and has a demonstrated track record of success in getting his clients the justice they deserve.

A medical malpractice case can be complicated and time-consuming. It could take hours of attorney or physician time to review records and interview experts and study legal and medical literature. The case must also be filed within the timeframe of limitations which is two and a half years in New York law.

In a medical malpractice claim the first step is to determine if the doctor breached his duty of care. This is usually done with the recourse to medical experts who analyze the circumstances of your case and determine whether there was negligence and if the negligence caused your injury.

The next step is to establish the amount of damages you are due. This can 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 the pain and suffering as well as loss of enjoyment life, or emotional or mental distress.