Medical Malpractice Lawsuits

A medical malpractice suit is an expensive and time consuming process. It takes a lot of time for an attorney to thoroughly review your case and conduct an investigation.

To be able to make a medical negligence claim, you must show that your doctor didn't provide the proper standard of medical care. This is done by showing that a different medical professional could have behaved in a different manner.

What is medical malpractice?

A medical malpractice lawsuit is a claim that states that the health professional did not fulfill their legal obligation towards the patient and that this violation caused injury. Medical malpractice lawsuits are filed with state trial courts. Each state has its own set of rules regarding the specific actions that may constitute malpractice.

In the United States, physicians are required to carry medical malpractice insurance. These policies provide the necessary funds to defend against medical negligence claims filed by patients or family members. If a patient believes a doctor acted negligently they should consult a seasoned attorney for help in making a claim as fast as possible.

The medical malpractice concept is rooted in ancient law and is a part of the tort law system that is related to professional negligence. In a medical malpractice claim the plaintiff must demonstrate four elements to receive damages. These include the existence a duty of care by the doctor; deviation from the established standard by the defendant; a causal relationship between the breach and the patient; and finally, the measurable presence of injuries that can be quantified by damages that provide the plaintiff with redress.

Expert testimony is often required in addition to medical records to show that a health professional has deviated from established practices when treating patients. Experts can testify to the level of knowledge and abilities that are required of health professionals within a particular field of treatment. They can also discuss how a physician’s deviation from these standards may harm the patient.

Medical Malpractice is the Cause

Medical malpractice occurs when a hospital doctor or other healthcare professional is found to be in violation of accepted standards of care and you are injured or your condition gets worse. Medical malpractice can result from misdiagnosis or surgical errors or inability to treat a disease or illness that is well-known, medication errors or other omissions or acts that do not meet the standards of care.

A misdiagnosis is among the most frequently cited reasons for medical malpractice claims are filed. A misdiagnosis could be as simple as the physician failing to recognize the symptoms of a cardiac arrest or as serious as waiting to long to identify cancer or other ailments.

Other forms of medical malpractice include surgical errors, such as leaving a sponge inside your body or cutting the nerve during surgery, which can cause permanent and traumatic injuries or even death. Errors in medicine, such as giving you the wrong dose or stopping you from taking medicines that are vital to your health, are common.

Birth injuries can also be medical malpractice if they are caused by a doctor or nurse during labor or birth. These injuries could be as simple as a bruise, or as severe as brain injury, paralysis, or death. These injuries can be prevented and a medical malpractice suit could help hold your doctor accountable for their actions.

Medical Malpractice Injuries

In cases of medical malpractice the victim could be awarded damages to pay for the expenses caused by their injury. This can include medical expenses and lost earnings. In addition, victims are usually compensated for non-economic losses such as suffering and pain. The legal team determines the amount of damages the victim is entitled to.

Many states have regulations in place to determine the amount of damages a plaintiff is able to claim for a medical malpractice case. These rules differ from state to state but they typically consider a variety of factors, such as any other payment sources (like insurance) received by the patient. Certain states also have caps 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 doctor who is the defendant. These documents are referred to as "pleadings," and they describe the alleged wrongs committed by the doctor.

After pleadings are filed after which the parties usually organize a deposition. A deposition is a court hearing in which witnesses will be given questions under oath. The testimony is then recorded for later use in court.

Medical malpractice cases are a complex matter and the legal system provides injured patients who are seeking justice to get it. Even if a case is successful, it can be emotionally draining for the victim and their families.

Medical Malpractice Lawyers

If you believe that you were injured as a result of the negligence of the doctor, seek out a medical malpractice lawyer right away. Josh Silber has extensive experience dealing with this type issue and has a proven track record of success in getting his clients the justice they deserve.

A medical malpractice case can be extremely complex and requires a large amount of time and resources to pursue, such as hours of attorney and doctor time looking over records, speaking with experts, and studying the 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 malpractice attorney malpractice case is to determine whether the doctor was bound by a duty of care and breached the duty of care. This is usually done by medical experts who look over the facts of the case to determine if there was malpractice.

Next, you need to determine the amount of damages that you are legally obligated to pay. This could be a combination of economic and non-economic damages. Economic damages are easily quantifiable, such as medical expenses and costs associated with your injury. Non-economic damages are more difficult to quantify and can include things like the pain and suffering and loss of enjoyment life, or emotional or mental distress.