Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a lengthy and costly process. An attorney will spend a lot of hours analyzing your case and conducting an investigation.

In order to file a medical malpractice claim, you must show that your doctor was unable to provide the necessary standard of treatment. This is accomplished by proving that another medical professional would have behaved in a different manner.

What is medical malpractice?

A medical malpractice lawsuit is an action that claims that a health healthcare professional did not fulfill his or her legal duty to a patient and the violation resulted in injury. Medical malpractice lawsuits are filed in state trial courts. Each state has its own set of rules regarding what actions might be considered to be a violation of the law.

In the United States, physicians are required to have medical malpractice insurance. These policies will cover the cost of defending against medical negligence claims made by patients or family members. If a patient believes an individual doctor has acted negligently and has a claim, the patient should promptly consult an experienced lawyer for help making a claim within the time frame allowed by the state of residence.

The legal concept of medical malpractice is based on ancient law and is part of the tort law system, which is akin to professional negligence. Like other tort claims, a plaintiff in a medical malpractice lawsuit must prove four fundamental factors to receive damages. The plaintiff must prove four basic elements to obtain damages. These include the existence and breach of a obligation by the physician and the deviance of the defendant from the standard, a causal connection between the breach and the harm to the patient and the presence of measurable injuries that can be measured as damages that can be used to obtain the plaintiff with redress.

Expert testimony is often required in addition to medical records to show that a health care professional has violated the accepted procedures when treating a patient. Experts can testify on the level of expertise and skill that is expected by health professionals in a specific area of treatment, and can describe how a physician's deviation from those standards harmed the patient.

Medical Malpractice Causes

Medical malpractice is when a hospital, medical professional or any other healthcare professional does not adhere to accepted standards of care and you suffer injury or Medical malpractice lawsuit your condition worsens. It can be caused by mistakes in diagnosis or surgical errors, failures to treat an illness or medical malpractice lawsuit illness that is recognized as such, medication errors, or other acts and omissions which are in violation of your standard of care.

The misdiagnosis of patients is among the most common reasons medical malpractice claims are filed. A misdiagnosis could be as simple as a physician not recognizing signs of heart attacks or as serious as waiting too long to detect cancer or any other disease or illness.

Other types of medical malpractice are 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. Medical errors, such as giving the wrong dosage of a medication or avoiding the medication that is essential to your health are frequent.

Birth injuries can also be considered medical negligence if they were caused by a doctor or nurse during pregnancy, labor or the birth. These injuries could be as minor as a swollen thigh or as serious as a brain injury, paralysis or death. These injuries can be avoided and your medical malpractice lawsuit could help ensure your doctor is accountable for his or her actions.

Medical Malpractice Causes

In medical malpractice cases the victim could be awarded damages to cover costs that result from their injury. This may include medical costs as well as lost income. Victims are also often compensated non-economic losses, such as discomfort and pain. The legal team decides on the amount of damages a 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. These rules differ from state to state however, they usually consider a variety of factors, such as any other payment sources (like insurance) that the patient has. Some states also have limits on damages.

The legal process for filing a lawsuit begins with the submission of written documents that are filed with the court and then served on the doctor who is the defendant. These documents, also referred to as "pleadings," detail the allegations of wrongs the doctor committed.

After the pleadings are filed, the parties arrange depositions. A deposition is a meeting where witnesses will be given questions under oath. The testimony is then recorded to be used later in court.

Medical malpractice cases can be a bit complicated and the legal system provides a way for injured patients who seek justice to obtain it. Even when a case is successful, it can be difficult financially and emotionally 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 with this type of legal matter and has a demonstrable track record of success in getting his clients the compensation they deserve.

A medical malpractice suit can be complex and time-consuming. It could require hours of attorney or doctor time to review medical records and interview experts and research medical and legal literature. The case must be filed within the statute of limitations that is two and a quarter years under New York law.

The first step in a medical negligence case is to determine whether the doctor was in breach of the duty of care and violated that duty of care. This is usually done by the use of medical experts who will analyze the details of your case and determine whether there was malpractice and if the negligence caused your injury.

The next step is to determine the amount of damages that you are legally obligated to pay. This can include both economic and non-economic damages. Economic damages are ones that are easily quantified, such as medical bills and expenses related to your injuries. Non-economic damages are more difficult to quantify, and can include things like pain and suffering, loss of enjoyment life, and emotional or mental distress.