Medical Malpractice Lawsuits
A medical malpractice lawsuit can be an expensive and time consuming process. An attorney can spend many hours analyzing your case and conducting an investigation.
In order to bring a medical malpractice claim, you have to prove that your doctor failed to provide the appropriate standard of care. This can be done by proving that a different health professional would have acted differently in the same circumstance.
What is medical malpractice?
A medical malpractice suit is a claim that asserts that a medical professional breached their legal obligations to the patient and that this violation caused injuries. Lawsuits claiming medical malpractice are filed in state trial courts. Each state has its own rules on what actions can 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. When a patient believes that the doctor was negligent, he or she should immediately consult an experienced lawyer for assistance with a claim in the timeframes in the state in which they practice.
The legal concept of medical malpractice is based on ancient law and is part of the tort law system, which is akin to professional negligence. In a claim for medical malpractice the plaintiff must prove four elements in order to be awarded damages. They must prove the existence of the duty of care of the doctor; deviation from that standard by the defendant, there is a causal connection between the breach and the patient; and finally, the measurable presence of injuries that can be quantified in terms of damages that would provide compensation.
Expert testimony is often required in addition to medical records to show that a healthcare professional has strayed from the accepted procedures when treating patients. These experts can testify to the quality of knowledge and the skills that are expected of health care specialists in a particular area of treatment. They can also discuss how a physician’s deviation from these standards is detrimental to the patient.
Medical Malpractice Causes
Medical malpractice occurs when a hospital physician or other healthcare professional does not adhere to accepted standards of care and as a result you suffer injury or your condition worsens. Malpractice may be the result of a misdiagnosis or surgical error or failure to treat a known illness or disease or medication error, as well as other acts or omissions that fall short of your standard of care.
A misdiagnosis is among the most frequently cited reasons for medical malpractice claims are filed. A misdiagnosis can be as simple as a physician not recognizing the signs of a heart attack or as grave as a delay in waiting too long to properly diagnose cancer or another type of disease or illness.
Other forms of medical malpractice can include surgical mistakes, like leaving a sponge inside your body or cutting a nerve during surgery. These errors can lead to permanent disfigurement or even death. Incorrect dosages of medication, for instance prescribing the wrong dose of a medicine or stopping the medication that is essential to your health are common.
Birth injuries are considered medical malpractice if they are caused by a doctor, nurse or midwife during pregnancy, delivery or labor. These injuries may range from a small bruise to a serious brain injury, paralysis, or even death. These injuries can be prevented and your medical malpractice (
next page) lawsuit can help ensure that your doctor is held accountable for their actions.
Medical Malpractice Damages
In medical malpractice cases, the victim can be awarded damages for their injuries. This could include things like lost income and medical expenses. In addition, victims are usually compensated for non-economic losses such as pain and suffering. The amount of damages the victim is entitled to is determined by their legal team.
A number of states have laws that set the amount of damages that a plaintiff may claim in a medical malpractice case. The rules vary state-to-state, but in general, they take into consideration several factors, including any other sources of payment (like insurance) that a patient received. Some states also have caps on damages.
The legal process to file 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 physician.
After the pleadings are filed, the parties plan the deposition. A deposition is a hearing where witnesses will be asked questions under swearing. The testimony is recorded to be used later in court.
Although medical malpractice cases can be extremely complicated however, the legal system was designed to provide a means for patients who have suffered injuries to pursue justice. Even when a case succeeds it can be emotionally draining for the person and their families.
Medical Malpractice Lawyers
If you think that you suffered injuries due to the negligence of an individual doctor, contact a
medical malpractice lawyer immediately. Josh Silber has extensive experience dealing with this type matter and has a demonstrated track record of success in getting his clients the justice they deserve.
A medical malpractice case can be complex and time-consuming. It could take hours of attorney or doctor time to review medical records, interview expert witnesses, and conduct research on legal and medical literature. The case must also be filed within the statute of limitations, which is two and a half years in New York law.
The first step in a medical malpractice case is to determine whether the doctor was in breach of the duty of care and breached that duty of care. This is usually accomplished through the recourse to medical experts who will review the facts of your case to determine whether there was malpractice and whether the negligence directly caused your injury.
Next, you need to determine the amount of damages you are entitled to. This can be both economic and non-economic damages. Economic damages are easily quantifiable, for instance as medical expenses or costs that are related to your injury. Non-economic damages can include pain and suffering, mental or emotional distress, and loss of enjoyment of your life.