Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a long and expensive process. It takes many hours for an attorney to thoroughly examine your case and conduct an investigation.

To have a medical malpractice claim, you must show that your doctor did not provide the required standard of medical care. This can be done by proving that a different health professional would have done something different in the same circumstance.

What is medical malpractice?

A medical malpractice lawsuit is the claim that a medical care professional violated his the legal obligations to a patient and that the violation resulted in injury. Lawsuits alleging medical malpractice are filed in state trial courts. Each state has its rules concerning what actions could be considered malpractice.

In the United States, physicians are required to have medical malpractice insurance. These policies provide the necessary funds to defend against medical negligence claims filed by patients or their family members. If a patient feels that a doctor has acted negligently, he or she should immediately consult an experienced lawyer to assist in making a claim within the time frame allowed by the state where they reside.

The medical malpractice concept is based on ancient law and is part of the larger tort law system which relates to professional negligence. Similar to other tort claims, a plaintiff in a medical malpractice lawsuit must prove four fundamental elements to be able to claim damages. These include the existence a duty of care by the physician; the deviance from the norm by the defendant; an causal connection between the breach and the patient; and the evidence of injuries that can be quantified in terms of damages that can be used to obtain the plaintiff with redress.

Expert testimony could be required in addition to medical records to show that a healthcare professional has violated accepted practices when treating the patient. Experts can testify about the amount of knowledge and expertise required by health professionals in the particular area of treatment, and can explain how a physician's disobedience to these standards hurt the patient.

Medical Malpractice is the Cause

Medical malpractice occurs when a hospital, physician or other healthcare professional does not adhere to accepted standards of care and as a result you are injured or your condition worsens. Medical malpractice can be the result of a misdiagnosis, surgical error or failure to treat a diagnosed illness or disease or medication error, or any other omissions or acts that fall short of your standard of care.

Misdiagnosis is among the most common reasons why medical malpractice claims are filed. A misdiagnosis could be as simple as a doctor failing to recognize symptoms of a heart attack. It can also be as grave as a delay in waiting too long to properly detect cancer or any other disease or illness.

Other forms of medical malpractice include surgical mistakes, such as leaving a sponge inside you or cutting the nerve during surgery, which can result in permanent and traumatic injuries or even death. Medication mistakes, such as giving the wrong dosage of a medication or avoiding an essential medication to your health are common.

Birth injuries can be considered medical malpractice when they're caused by a doctor, nurse or midwife during pregnancy, birth or labor. These injuries can range from a minor bruise to a severe brain injury, paralysis or even death. These injuries can be avoided and a medical malpractice case can help ensure that your doctor is held accountable for their mistakes.

Medical Malpractice Damages

In medical malpractice cases, the victim may be awarded damages to cover costs caused by their injury. This could include lost income as well as medical expenses. Victims are also often compensated other damages that are not economic, like discomfort and pain. The amount of damages that a victim may receive is determined by their legal team.

Many states have rules in place that define the amount of damages a plaintiff is able to be able to claim in a medical malfeasance case. These rules differ from state to state however, they generally take into account a variety of aspects, including any other payment sources (like insurance) received by the patient. Some states also have limits on damages.

The legal procedure of filing a lawsuit starts by submitting and serving of written documents to the doctor in dispute. These documents, also known as "pleadings," detail the alleged wrongs that the doctor committed.

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

Although medical malpractice cases can be extremely difficult, the legal system is designed to provide a way for patients who have suffered injuries to pursue justice. Even if a case proves successful it can be difficult financially and emotionally for both the patient and their family.

Medical Malpractice Lawyers

If you believe you have been injured because of the negligence of medical professionals, it is important to contact an experienced medical malpractice lawyer as soon as possible. Josh Silber is a medical malpractice lawyer with years of experience in this field of law. He has a track of success and has helped many clients get the compensation they deserve.

A medical malpractice case can be complicated and time-consuming. It may require hours of attorney or physician time to look over records or interview expert witnesses and conduct research on legal and medical literature. The case must be filed within the timeframe of limitations which is two and a half years according to New York law.

The first step in a medical negligence case is to determine whether the doctor was bound by a duty of care and violated that duty of care. This is usually accomplished through the recourse to medical experts who will analyze the circumstances of your case and determine whether there was malpractice, and if the negligence caused your injury.

Next, you need to determine the amount of damages you are entitled to. 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 suffering and pain, loss of enjoyment life, or mental or emotional distress.