Medical Malpractice Lawsuits
A medical malpractice lawsuit is an expensive and time-consuming process. It takes a lot of time for an attorney to carefully review your case and conduct an investigation.
To be able to make a medical negligence claim, you have to prove that your doctor did not provide the appropriate standard of care. This is done by showing that another medical professional would have acted in a different way.
What is medical malpractice?
A medical malpractice lawsuit is a lawsuit that claims a health professional violated their legal obligations to patients, and that this breach caused injury. Medical malpractice lawsuits are filed in state trial courts. Each state has its own rules regarding the specific actions that might constitute malpractice.
Physicians practicing in the United States must carry
medical malpractice insurance. These policies generally include defense against medical negligence claims made by patients or their families. If a patient is convinced that an individual doctor has acted negligently and has a claim, the patient should promptly consult an experienced lawyer to assist in making a claim within the time frame allowed by his or her state.
Medical malpractice is a concept in law that is rooted in ancient laws and is part of the larger tort law system that relates to professional negligence. As with other tort claims, a plaintiff in a medical malpractice lawsuit must prove four elements in order to recover damages. This includes the existence of the duty of care of the physician; the deviance from the standard of care by the defendant, an causal connection between the breach and the patient; and the tangible presence of injuries that can be quantified by damages that would provide compensation.
In addition to medical records, expert testimony may be required to establish that a specific healthcare professional was not following accepted standards of practice when treating patients. Experts can testify about the degree of knowledge and skills required by health care professionals in a specific field of treatment, and they can also explain how a doctor's infraction to those standards caused harm to the patient.
Medical Malpractice Causes
Medical malpractice can occur when you or your illness is aggravated by a medical facility or doctor or healthcare professional who is not in compliance with accepted standards. Medical malpractice can result from mistakes in diagnosis or surgical error or inability to treat a disease or illness that is well-known as such, medication errors, or other omissions or acts that fall below your standard of care.
Medical malpractice lawsuits are usually filed because of misdiagnosis. A misdiagnosis can be as simple as the doctor failing to recognize symptoms of a cardiac event or as serious as waiting too long to diagnose cancer or other diseases or ailments.
Other forms of medical malpractice comprise surgical mistakes, such as leaving a sponge inside you or cutting a nerve during surgery, which can result in permanent and disfiguring injuries or even death. Incorrect dosages of medication, for instance prescribing the wrong dose of a medication or avoiding an essential medication to your health are also frequent.
Birth injuries can also be considered medical negligence if they were caused by a doctor or nurse during labor, pregnancy or birth. These injuries could be as simple as a bruise to as serious as a brain injury, paralysis, or death. These injuries are preventable, and your medical error lawsuit could help ensure that your doctor is held accountable for the actions he or she took.
Medical Malpractice Injuries
In the case of
medical malpractice law firms malpractice, the victim can be awarded compensation for their injuries. This could include medical expenses and lost earnings. In addition, victims are usually compensated for non-economic losses like pain and suffering. The legal team decides on the amount of damages the victim is entitled to.
A number of states have regulations in place to determine the amount of damages a plaintiff can claim for a medical malpractice case. The rules vary state-to-state but generally, they take into consideration a number of factors including any other sources of compensation (like insurance) that a patient received. Certain states also have a cap on damages.
The legal procedure for filing a lawsuit begins with the submission of written documents that are filed with the court and served to the defendant doctor. 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 schedule depositions. A deposition is an event where witnesses will be given questions under the oath. The testimony is recorded for later use in court.
Medical malpractice cases can be a bit complicated and the legal system offers injured patients who seek justice to obtain it. Even if a lawsuit is successful it can be emotionally draining for the victim and their families.
Medical Malpractice Lawyers
If you believe that you suffered injuries due to the negligence of a doctor, you should contact a medical malpractice lawyer right away. Josh Silber has extensive experience dealing with this type matter and has a demonstrated track record of success getting his clients the compensation they deserve.
A medical malpractice lawsuit could be a lengthy and complicated process. It could take hours of physician or attorney time to study records or interview expert witnesses and conduct research on legal and medical literature. The case must be filed within the statute of limitations which is two and a half years under New York law.
In a medical malpractice claim, the first step is to determine if the doctor violated his duty of care. This is usually performed by medical experts who analyze the facts of the case to determine if there was any malpractice.
The next step is to determine the amount of the damages you are owed. This could be a combination of economic and non-economic damages. Economic damages are easily quantifiable such as medical expenses and costs that are related to your injury. Non-economic damages are more difficult to quantify, and can include things like suffering and pain and loss of enjoyment life, and mental or emotional distress.