Medical Malpractice Lawsuits

A medical malpractice suit is an expensive and time consuming procedure. An attorney will spend a lot of hours analyzing your case, and conducting an investigation.

In order to bring a medical malpractice claim, you must show that your doctor didn't provide the necessary standard of care. This can be done by proving that another medical professional would have done things differently.

What is Medical Malpractice?

A medical malpractice lawsuit is a claim stating that a health professional violated their legal obligations to a patient, and that the 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 might constitute malpractice.

Physicians practicing in the United States must carry medical malpractice insurance, and these policies typically will cover the cost of defense against medical negligence claims brought by patients or their families. If a patient feels a doctor acted negligently they should speak with an experienced attorney to assist in making a claim as fast as is possible.

Medical malpractice is a concept in law that is based on old laws and is part of a larger tort law system relating to professional negligence. Like other tort claims the plaintiff in a medical malpractice lawsuit must prove four basic elements to obtain damages. The plaintiff must prove four fundamental elements to obtain damages. These include the existence and breach of obligation by the doctor or the defendant from the standard, a causal connection between the breach and the injury to the patient, and the existence of measurable injuries that can be measured as damages that could be used to seek redress.

Expert testimony might be required along with medical records to prove that a health professional has violated accepted practices when treating patients. Experts can testify as to the quality of knowledge and the skills that are required of health professionals in a specific field of treatment. They can also describe the ways in which a doctor's deviance from these standards is detrimental to the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital, medical professional or doctor does not adhere to accepted standards of care and as a result you are injured or your illness worsens. Malpractice can be caused by mistakes in diagnosis or surgical error or failures to treat a disease or illness that is well-known as such, medication errors, or other actions or omissions that do not meet the standards of care.

Misdiagnosis is one of the most frequently cited reasons for medical malpractice claims are filed. A misdiagnosis can be as simple as a physician failing to recognize the symptoms of a cardiac attack or as serious as waiting too long for a diagnosis of cancer or other illnesses.

Other forms of medical malpractice may include surgical errors, such as creating a sponge within you or cutting a nerve during surgery. These mistakes can cause permanent disfigurement or even death. Mistakes in medication, like giving you the wrong dose or stopping you from taking an essential medication to your health, are frequent.

Birth injuries can be considered medical malpractice if they're caused by a physician, nurse or midwife during pregnancy, delivery or labor. These injuries could be as small as a bruise, or as serious as a brain injury, paralysis or even death. These injuries can be prevented and your medical malpractice lawsuit could help make your doctor accountable for their actions.

Medical Malpractice Results in Damages

In cases of medical malpractice the victim could be awarded damages to pay for the expenses associated with their injuries. This can include things like lost income and medical expenses. Victims also are often compensated other damages that are not economic, like discomfort and pain. The legal team decides on the amount of damages the victim is entitled to.

Many states have regulations in place that govern the amount of damages that a plaintiff can claim in a medical malpractice law firm malpractice case. These rules differ by state, but in general, they take into consideration several factors, including any other sources of payment (like insurance) that a patient received. Additionally, some states have a limit on damages.

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

Once pleadings have been filed and the parties have filed their pleadings, they will usually schedule a deposition. A deposition is a court hearing in which witnesses will be given questions under the oath. The testimony is then recorded for later use in court.

Although medical malpractice cases can be extremely complex but the legal system has been designed to provide a means for victims to pursue justice. Even when a case is successful, it can be financially draining and emotionally exhausting for both the patient and their family.

Medical Malpractice Lawyers

If you believe that you were injured because of the negligence of the doctor, consult a medical negligence lawyer right away. Josh Silber has extensive experience with this type of legal matter and has a demonstrated track record of success in getting his clients the compensation they need.

A medical malpractice case is extremely complicated and requires a lot of time and resources to pursue, such as hours of attorney and physician time looking over records, speaking with expert witnesses, and researching the medical and legal literature. The case must be filed within two and a half years, as per New York law.

The first step in a medical negligence case is to determine if the doctor owed an obligation of care and breached that duty of care. This is usually done with the recourse to medical experts who will review the circumstances of your case and determine whether there was malpractice and whether the negligence directly caused your injury.

The next step is to determine the amount of damages that you are owed. This can be a matter of economic or noneconomic damages. Economic damages are ones that are easily quantified, including medical bills and costs due to your injuries. Non-economic damages are more difficult to quantify and can include things like suffering and pain as well as loss of enjoyment life, or emotional or mental distress.