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Medical Malpractice Lawsuits

A medical malpractice lawsuit is an expensive and time consuming process. It takes many hours for an attorney to fully analyze your case and conduct an investigation.

To have a medical malpractice claim, you have to prove that your doctor was unable to provide the proper standard of care. This is done by demonstrating that a different medical professional would have acted differently in the same situation.

What Is Medical Malpractice?

A medical malpractice lawsuit is a claim that asserts that medical professionals violated their legal duty towards the patient and that this breach caused injuries. Medical malpractice lawsuits are filed with state trial courts. Each state has its own set of rules regarding the specific actions that could constitute 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 family members. If a patient feels that the doctor's actions were negligent, they should consult an experienced attorney to assist in making a claim as fast as they can.

Medical malpractice is a legal term that is rooted in ancient laws and is part of a larger tort law system that relates to professional negligence. In a case of medical malpractice the plaintiff must demonstrate four elements in order to be awarded damages. The plaintiff must establish four essential elements to obtain damages. These include the existence and breach of duty by the physician, the deviance by the defendant from the standard, a causal connection between the breach and the injury to the patient, and the presence of tangible injuries that could be measured as damages that would provide justice.

Expert testimony could be required along with medical records to demonstrate that a healthcare professional has strayed from accepted practices when treating a patient. Experts can testify as to the degree of knowledge and expertise that are required of health professionals within a particular field of treatment. They can also explain why a physician's omission from these standards may harm the patient.

Medical Malpractice is the Cause

Medical malpractice occurs when a hospital, physician or other healthcare professional is found to be in violation of accepted standards of care and you suffer injury or your condition worsens. Malpractice can be caused by surgical errors or misdiagnosis, failures to treat a disease or illness that is known as such, medication errors, or other acts and omissions which do not meet the standards of care.

Medical malpractice claims are often filed due to misdiagnosis. A misdiagnosis can be as simple as a doctor not recognizing signs of a heart attack or as grave as a delay in not taking enough time to correctly diagnose cancer or another disease or illness.

Other types of medical malpractice are surgical mistakes, such as leaving a sponge inside your body or cutting a nerve during surgery which could cause permanent and disfiguring injuries, or even death. Errors in medicine, such as giving you the wrong dosage or removing you from an essential medication to your health, are also common.

Birth injuries are considered medical malpractice if they are caused by a doctor, nurse or midwife during pregnancy, delivery or labor. These injuries can be as minor as a bruise, or as serious as a brain injury, paralysis or death. These injuries can be avoided and your medical malpractice lawsuit could hold your doctor accountable for their conduct.

Medical Malpractice Injuries

In medical malpractice cases victims can be awarded damages for their injuries. This could include medical expenses and lost income. Additionally, victims are often compensated for other losses, such as suffering and pain. The amount of damages that a victim can receive is determined by their legal team.

Many states have regulations in place that determine the amount of damages a plaintiff may be able to claim in a medical malfeasance case. The rules vary from state to state, but they generally take into account a range of factors, including other payment sources (like insurance) that the patient has. In addition, some states have limits on damages.

The legal procedure of filing a lawsuit begins with the submission and service of written documents to the doctor of the defendant. These documents, also referred to as "pleadings," detail the allegations of wrongs the doctor committed.

After the pleadings are filed, the parties set a deposition. A deposition is a meeting where witnesses will be asked questions under swearing. The testimony is recorded and can be used in court.

While medical malpractice cases can be extremely complicated however, the legal system was designed to provide a way for victims to seek justice. Even when a case succeeds it can be emotional for the patient and their families.

Medical Malpractice Lawyers

If you believe that you've been injured due to the negligence of medical professionals, it is important to contact an experienced medical malpractice lawyer as quickly as you can. Josh Silber has extensive experience in this kind of legal matter and has a demonstrable track record of success getting his clients the justice they deserve.

A medical malpractice case can be lengthy and complex. It may take hours of attorney or doctor time to study records, interview expert witnesses, and conduct research on 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 case is to determine whether the doctor had obligations of care, and if they violated that duty of care. This is usually done by the recourse to medical experts who analyze the details of your case and determine whether there was malpractice, and if the negligence caused your injury.

The next step is to determine the amount of damages you are owed. This can include economic and noneconomic damages. Economic damages can be easily quantifiable, such as medical costs and expenses related to your injury. Non-economic damages could include pain and suffering and emotional distress and the loss of enjoyment from your life.