Medical Malpractice Lawsuits

A medical malpractice lawsuit can be an expensive and time consuming procedure. A lawyer will spend a number of hours reviewing your case and conducting an investigation.

You must demonstrate that the doctor failed to provide the appropriate standard of care to file a claim for medical malpractice. This can be done by proving that another health care professional would have handled the situation differently in the same circumstance.

What is medical malpractice?

A medical malpractice lawsuit is the claim that a medical healthcare professional did not fulfill his or their legal duty to a patient, and that such violation caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own set of rules concerning what actions could be considered to be a violation of the law.

Physicians practicing in the United States must carry medical malpractice insurance, and these policies generally cover the cost of a defense against medical negligence claims made by patients or their families. When a patient believes that a doctor has acted negligently and has a claim, the patient must immediately seek out an experienced lawyer for assistance making a claim within the time limit in the state in which they practice.

The medical malpractice concept is based on the ancient law and is a part of the larger tort law system, which is akin to professional negligence. As with other tort claims the plaintiff in a case involving medical malpractice must prove four basic factors to receive damages. This includes the existence of a duty of care by the physician; deviance from the standard of care by the defendant; there is a causal connection between the breach and the patient; and the evidence of injuries that can be quantified in terms of damages that provide justice.

Expert testimony might be required in addition to medical records to demonstrate that a healthcare professional has strayed from established practices when treating the patient. Experts can testify as to the quality of knowledge and the skills that are required of health professionals within a particular field of treatment. They can also discuss how a physician’s deviation from these standards harms the patient.

Medical Malpractice Causes

Medical malpractice is when a hospital, doctor or other healthcare professional violates accepted standards of care and, as a result, you suffer injury or your illness worsens. It could be the result of a misdiagnosis, surgical error, failure to treat a recognized disease or illness, medication error or other omissions or acts that fall short of your standard of care.

Medical malpractice cases are often filed because of mistaken diagnosis. A misdiagnosis can be as simple as a doctor not recognizing the symptoms of a cardiac arrest, or as serious as waiting too long to identify cancer or other ailments.

Other forms of medical malpractice include surgical mistakes, like leaving a sponge in your body or cutting the nerve during surgery, which can cause permanent and disfiguring injuries, or even death. Medical errors, such as prescribing the wrong dose of a medication or stopping an essential medication to your health are also frequent.

Birth injuries can also be medical malpractice if they are caused by a nurse or doctor during labor, pregnancy or birth. These injuries may range from a small bruise to a major brain injury, paralysis, or even death. These injuries are preventable and a medical malpractice suit can help to hold your doctor accountable for their actions.

Medical Malpractice Injuries

In cases involving medical malpractice, the victim can be awarded damages for their injuries. This may include medical costs and lost income. Victims are also often compensated for non-economic damages, such as pain and discomfort. The legal team determines the amount of damages the victim is entitled to.

Many states have rules in place to determine the amount of damages a plaintiff can claim in a medical malpractice case. These rules vary from state to state, however, they usually take into consideration a number factors, including other payment sources (like insurance) received by the patient. In addition, some states have limits on damages.

The legal process of filing a lawsuit starts with the submission and distribution of written documents to the doctor who is the defendant. These documents are known as "pleadings," and they set forth the alleged wrongs committed by the doctor.

After the pleadings have been filed, the parties will typically arrange depositions. A deposition is an informal interview in which questions are asked under oath by the witness. The testimony is then recorded for later use in court.

Medical malpractice cases can be complicated and the legal system offers a way for injured patients who want justice to get it. Even if a lawsuit is successful it can be emotionally draining for the patient and their families.

Medical Malpractice Lawyers

If you believe you've suffered injuries due to the negligence of an medical professional, it is important to seek out a reputable medical malpractice lawyer as quickly as possible. Josh Silber is a medical malpractice lawyer with extensive experience in this area of law. He has a track record of success and has assisted many clients obtain the compensation that they deserve.

A medical malpractice suit can be extremely complex and requires a large amount of time and resources to pursue, such as hours of attorney and physician time reviewing records, interviewing expert witnesses, and researching the medical and legal literature. The lawsuit must be filed within two and a quarter years, according to New York law.

The first step in a medical malpractice case is to determine if the doctor was bound by the duty of care and breached that duty of care. This is usually done with the use of medical experts who analyze the facts of your case and determine if there was malpractice and if the negligence caused your injury.

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