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Medical Malpractice Lawsuits

A medical malpractice lawsuit is an expensive and time-consuming process. A lawyer will spend a number of hours reviewing your case and conducting an investigation.

To be able to make a medical negligence claim, you must show that your doctor didn't provide the proper standard of medical care. This is done by demonstrating that another health care professional would have acted differently in the same situation.

What is Medical Malpractice?

A medical malpractice lawsuit is an action that claims that a health care professional violated his their legal duty to a patient and that the violation resulted in injuries. Medical malpractice lawsuits are filed with state trial courts. Each state has its rules concerning what actions could be considered to be a violation of the law.

In the United States, physicians are required to carry medical malpractice insurance. These policies will cover the cost of defending against claims of medical negligence filed by patients or their family members. If a patient believes a doctor has acted negligently, he or she should immediately consult an experienced lawyer to assist in making a claim within the timeframes in his or her state.

Medical malpractice is a legal concept that is based on old laws and is part of a larger tort law system relating to professional negligence. As with other tort claims, a plaintiff in a medical malpractice case must prove four elements to obtain damages. These include the existence of the duty of care owed by the physician; the deviance from the standard of care by the defendant; an causal connection between the breach and injury to the patient; and the existence of injuries that can be quantified by damages that can be used to obtain compensation.

Expert testimony might be required along with medical records to prove that a health professional has violated the accepted procedures when treating a patient. These experts can testify to the quality of knowledge and the skills that are required of health professionals within a particular field of treatment. They can also provide an explanation of how a physician’s deviation from these standards harms 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 are injured or your condition worsens. The cause of malpractice could be of a misdiagnosis or surgical error or inability to treat a known illness or disease or medication error, or any other actions or omissions that fall short of your standard of care.

Medical malpractice claims are often filed because of misdiagnosis. A misdiagnosis can be as simple as the physician failing to recognize the symptoms of a cardiac event or as serious as waiting to long to diagnose cancer or other diseases or ailments.

Other types of medical malpractice comprise surgical mistakes, such as leaving a sponge inside your body or cutting a nerve during surgery which can result in permanent and traumatic injuries or even death. Medication errors, such as giving you the wrong dose or removing you from a medicine that is essential to your health, are also common.

Birth injuries can also be considered medical negligence if they were caused by a doctor or nurse during pregnancy, labor or the birth. These injuries can be as simple as a bruise to as severe as brain injury, paralysis or even death. These injuries can be avoided and your medical mistake lawsuit may help ensure that your doctor is accountable for his or her actions.

Medical Malpractice Causes

In cases involving medical malpractice the victim may be awarded compensation for their injuries. This may include medical costs as well as lost income. Victims also are often compensated non-economic damages such as discomfort and pain. The amount of damages a victim can receive is determined by their legal team.

Many states have rules in place that determine the amount of damages a plaintiff is able to be able to claim in a medical malpractice law firm malfeasance case. These rules differ from state to state but they generally take into consideration a number factors, including other payment sources (like insurance) received by the patient. Additionally, some states have limits on damages.

The legal process of filing a lawsuit starts by submitting and serving of written documents to the doctor who is the defendant. These documents, referred to as "pleadings," detail the accusations of the doctor's wrongs committed.

After pleadings are filed in the first instance, the parties will organize depositions. A deposition is an informal interview in which questions are put under oath to the witness. The testimony is then recorded to be used later in court.

Medical malpractice cases are complex and the legal system offers a way for injured patients who seek justice to do so. Even if a case proves successful, it can be difficult financially and emotionally for both the patient and their family.

Medical Malpractice Lawyers

If you think that you were injured as a result of the negligence of medical professionals, you must seek out a medical malpractice lawyer right away. Josh Silber has extensive experience dealing with this type of legal matter and has a demonstrated track record of success in getting his clients the compensation they deserve.

A medical malpractice suit can be very complex and requires a lot of time and resources to pursue, including hours of attorney and doctor time examining records, chatting with expert witnesses, and researching the medical and legal 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 owed an obligation of care, and if they violated that duty of care. This is usually handled by medical experts who analyze the details of the case and determine if there was any malpractice.

The next step is to establish the amount of damages you are owed. This could be a combination of economic and non-economic damages. Economic damages can be easily quantifiable, such as medical costs and expenses caused by your injury. Non-economic damages are more difficult to quantify, and can include things like suffering and pain, loss of enjoyment of life, and mental or emotional distress.