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Medical Malpractice Lawsuits

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

You must be able to prove that the doctor failed to provide the proper standards of care in order to bring a claim against a medical malpractice. This is done by proving that another medical professional could have performed their duties in a different manner.

What is Medical Malpractice?

A medical malpractice lawsuit is an assertion that a health healthcare professional did not fulfill his or their legal obligation to a patient and the violation resulted in 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 malpractice.

In the United States, physicians are required to carry medical malpractice insurance. These policies will cover the cost of defending against medical negligence claims filed by patients or family members. If a patient believes the doctor acted negligently and is unable to prove it, they should immediately contact an experienced lawyer for assistance in making a claim within the timeframes in the state in which they practice.

The medical malpractice concept is based on old law and is a part of the larger tort law system that relates to professional negligence. Like other tort claims the plaintiff in a medical malpractice lawsuit must prove four elements to obtain damages. The plaintiff must establish four essential factors to recover damages. These include the existence and breach of a duty by the physician as well as the deviation by the defendant from the standard, a causal link between the breach and the harm to the patient and the existence of tangible injuries that can be measured in terms of damages that can be used to obtain justice.

In addition to medical documents, expert testimony might be required to establish that a specific healthcare professional was not following the accepted standards of care when treating patients. Experts can testify on the level of knowledge and skill that is expected by health professionals in a specific field of treatment, and can explain how a physician's infraction to those standards caused harm to the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital physician or other healthcare professional violates the accepted standards of healthcare and you are injured or your condition worsens. Malpractice may be the result of misdiagnosis, surgical errors or failure to treat a recognized illness or disease and medication errors, as well as other omissions or acts that fall short of your standard of care.

Medical malpractice claims are often brought due to incorrect diagnosis. A misdiagnosis can be as simple as a doctor not recognizing signs of a heart attack or as serious as waiting too long to identify cancer or a different disease or illness.

Other types of medical malpractice are surgical mistakes, such as leaving a sponge inside you or cutting a 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 stopping any medication that is vital to your health are also frequent.

Birth injuries are considered medical malpractice if they are caused by a doctor, nurse or midwife during pregnancy, birth or labor. These injuries may range from a small bruise to a serious brain injury, paralysis or even death. These injuries are preventable and your medical malpractice lawsuit could help ensure your doctor is accountable for his or her actions.

Medical Malpractice Damages

In cases of medical malpractice victims can be awarded damages for their injuries. This can include things like lost income and medical expenses. Victims are also 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.

Many states have rules in place to determine the amount of damages that a plaintiff can assert in a medical negligence case. These rules differ from state to state however, they usually consider a variety of aspects, including any other payment sources (like insurance) received by the patient. Certain states also have a cap on damages.

The legal procedure for filing a lawsuit begins by submitting written documents that are filed with the court and then served on the defendant doctor. These documents are known as "pleadings," and they detail the alleged violations committed by the doctor.

Once pleadings have been filed, the parties will typically schedule the deposition. A deposition is a court hearing in which witnesses are given questions under swearing. The testimony is recorded and can be used in court.

Medical malpractice cases are a complex matter and the legal system offers a way for injured patients who are seeking justice to get it. Even when a case is successful it can be emotionally draining and financially challenging for both the patient and their loved ones.

Medical Malpractice Lawyers

If you suspect that you have been injured due to the negligence of medical professionals, you must seek the help of a medical malpractice lawyer immediately. Josh Silber has extensive experience dealing with this type matter and has a demonstrable track record of success getting his clients the compensation they deserve.

A medical malpractice lawsuit can be complicated and time-consuming. It may take hours of physician or attorney time to review records, interview expert witnesses, and research medical and legal literature. The case must be filed within two and a quarter years, as per New York law.

The first step in a medical negligence case is to determine if the doctor was bound by a duty of care and violated that duty of care. This is usually handled by medical experts who analyze the circumstances of the case and determine whether there was any malpractice.

The next step is to determine the amount of damages you are entitled to. This can include both economic and non-economic damages. Economic damages are easily quantifiable, for instance as medical expenses and costs associated with your injury. Non-economic damages are more difficult to quantify and could include things like pain and suffering, loss of enjoyment life, or emotional or mental distress.