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A medical malpractice suit is costly and a time-consuming process. An attorney will spend many hours analyzing your case and conducting an investigation.
In order to file a medical malpractice claim, you must show that your doctor didn't provide the required standard of care. This is done by proving that a different health care professional would have acted in a different way.
What is medical malpractice?
A medical malpractice lawsuit is a claim that asserts that a health professional violated their legal duty towards a patient, and that the violation resulted in injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own set of rules regarding the specific actions that might constitute malpractice.
In the United States, physicians are required to have medical malpractice insurance. These policies protect against medical negligence claims filed by patients or family members. When a patient believes that a doctor has acted negligently or acted in a negligent manner, he or she should promptly consult an experienced lawyer for help making a claim within the time allowed in his or her state.
Medical malpractice is a legal term that is based on old laws and is part of the larger tort law system that is pertaining to professional negligence. Similar to other tort claims, a plaintiff in a medical malpractice case must prove four elements to be able to claim damages. This includes the existence of a duty of care by the physician; the deviation from the standard of care by the defendant; a causal relationship between the breach and injury to the patient; and the measurable presence of injuries that can be measured in terms of damages that provide the plaintiff with redress.
Expert testimony could be required along with medical records to prove that a health professional has deviated from established practices when treating patients. Experts can testify to the level of knowledge and expertise required by health care professionals in a specific field of treatment, and they can describe how a physician's infraction to those standards caused harm to the patient.
Medical Malpractice is the Cause
Medical malpractice occurs when a hospital, medical professional or doctor violates the accepted standards of healthcare and, as a consequence, you are injured or your condition worsens. Malpractice may be the result of a misdiagnosis or surgical error or inability to treat a recognized illness or disease, medication error or other acts or omissions that are not in line with your standard of care.
Medical malpractice cases are often filed because of incorrect diagnosis. A misdiagnosis could be as simple as a doctor not recognizing signs of a heart attack. It can also be as grave as a delay in waiting too long to properly detect cancer or any other disease or illness.
Other types of medical malpractice comprise surgical errors, such as creating a sponge within you or cutting the nerve during surgery, that can cause permanent and disfiguring injuries, or even death. Errors in medicine, such as giving you the wrong dose or removing you from an essential medication to your health, are frequent.
Birth injuries can be considered medical malpractice if they're caused by a doctor, nurse or midwife during pregnancy, delivery or labor. These injuries may range from a small bruise to a severe brain injury, paralysis or even death. These injuries are preventable and a medical malpractice case could help to hold your doctor accountable for their actions.
Medical Malpractice Causes
In cases of medical malpractice, the victim may be awarded damages to pay for the expenses caused by their injury. This can include things like lost income and medical expenses. Victims are also often compensated non-economic damages such as pain and discomfort. The legal team decides on the amount of damages a victim is entitled to.
Many states have laws that define the amount that a plaintiff can be able to claim in a medical malpractice case. These rules vary from state to state, however, they usually take into consideration a number factors, including any other payment sources (like insurance) that the patient has. Some states also have caps on damages.
The legal procedure for filing a lawsuit begins by submitting written documents that are filed with the court and served to the defendant doctor. These documents, sometimes referred to as "pleadings," detail the allegations of wrongs the doctor committed.
After the pleadings have been filed, the parties set a deposition. A deposition is a meeting where witnesses are asked questions under an oath. The testimony is then recorded to be used later in court.
Medical malpractice cases can be a bit complicated and the legal system offers injured patients who seek justice to get it. Even if a case wins it can be emotionally draining for the victim and their families.
Medical Malpractice LawyersIf you think you suffered injuries due to the negligence of medical professionals, you must seek the help of a medical malpractice lawyer right away. Josh Silber has extensive experience dealing with this type matter and has a demonstrable track record of success getting his clients the compensation they need.
A medical malpractice suit can be complex and time-consuming. It could take hours of attorney or physician time to review records, interview expert witnesses, and conduct research on legal and medical literature. The lawsuit 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 an obligation of care and breached the duty of care. This is usually done with the recourse to medical experts who review the facts of your case to determine whether there was negligence and that the negligence directly caused your injury.
Next, you need to determine the amount of damages you are entitled to. This can include both economic and non-economic damages. Economic damages are ones that are easily quantified, like
medical malpractice law firms bills and other expenses due to your injuries. Non-economic damages are more difficult to quantify and may include things like suffering and pain, loss of enjoyment life, or emotional or mental distress.