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A medical malpractice lawsuit can be a time-consuming and expensive procedure. It takes several hours for an attorney to thoroughly analyze your case and conduct an investigation.
To have a medical malpractice claim, you must show that your doctor failed to provide the necessary standard of medical care. This is done by demonstrating that a different health professional would have handled the situation differently in the same circumstance.
What Is Medical Malpractice?
A medical malpractice lawsuit is a claim that a health professional breached his or the legal obligations to a patient and that such violation caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own rules regarding the specific actions that might constitute malpractice.
Doctors who practice in the United States must carry medical malpractice insurance, and these policies typically will cover the cost of defense against medical negligence claims made by patients or their families. If a patient feels that the doctor's negligence was a result of their actions, they should speak with an experienced lawyer for assistance in making a claim as fast as is possible.
Medical malpractice is a legal concept which is based on the 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 lawsuit must prove four elements to be able to claim damages. These include the existence of the duty of care of the doctor; deviation from the norm by the defendant; an underlying causal link between the breach and injury to the patient; and finally, the measurable presence of injuries that can be quantified in terms damages that provide redress.
Expert testimony could be required in addition to medical records to demonstrate that a health care professional has strayed from established practices when treating patients. Experts can testify about the level of knowledge and abilities that are required of health professionals within a particular field of treatment. They can also provide an explanation of why a physician's omission from these standards harms the patient.
Medical Malpractice is the Cause
Medical malpractice occurs when you or your illness is aggravated by a medical facility or doctor, or any other healthcare professional who fails to adhere to accepted standards. Medical malpractice can result from mistakes in diagnosis or surgical error or failure to treat a disease or illness that is recognized as a medical error, or any other acts and omissions which are not in line with your standard of care.
Medical malpractice lawsuits are usually filed due to the wrong diagnosis. A misdiagnosis could be as simple as the doctor not recognizing the symptoms of a cardiac attack or as serious as waiting too long for a diagnosis of cancer or other illnesses.
Other forms of medical malpractice may include surgical mistakes, like leaving a sponge inside you or cutting your nerve during surgery. These errors can result in permanent disfigurement, or even death. Incorrect dosages of medication, for instance giving the wrong dosage of a medicine or stopping a medication that is vital to your health are frequent.
Birth injuries are considered medical malpractice when they're caused by a physician, nurse or midwife during pregnancy, birth or labor. These injuries could be as minor as a bruise to as serious as a brain injury, paralysis or death. These injuries are preventable and your medical malpractice lawsuit could assist in ensuring that your doctor will be held accountable for the actions he or she took.
Medical Malpractice Damages
In cases involving medical malpractice victims can be awarded damages for their injuries. This could include medical expenses and lost income. Victims also are often compensated other damages that are not economic, like discomfort and pain. The legal team decides on the amount of damages an individual victim is entitled to.
Many states have rules in place that govern the amount of damages a plaintiff can be able to claim in a medical malfeasance case. These rules vary from state to state however, they usually take into account a range of factors, such as any other payment sources (like insurance) received by the patient. Some states also have caps on damages.
The legal procedure of filing a lawsuit begins with the submission and distribution of written documents to the doctor who is the defendant. These documents are known as "pleadings," and they describe the alleged wrongs committed by the physician.
After the pleadings are filed, the parties arrange a deposition. A deposition is an interview in which questions are posed under oath by the witness. The testimony is recorded to be used later in court.
Medical malpractice cases are a complex matter and the legal system provides an avenue for patients who want justice to get it. Even if a case is successful it can be emotionally draining and financially demanding for both the patient and their loved ones.
Medical Malpractice Lawyers
If you think that you were injured as a result of the negligence of a doctor, you should seek the help of a medical malpractice lawyer right away. Josh Silber has extensive experience in this kind of legal matter and has a proven track record of success getting his clients the compensation they deserve.
A medical malpractice suit can be extremely complex and requires a large amount of time and resources to pursue, including hours of attorney and physician time looking over medical records, interacting with expert witnesses, and researching the legal and medical literature. The case 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 if the doctor had a duty of care and breached that duty of care. This is usually done with the recourse to medical experts who will analyze the details of your case and determine whether there was malpractice and if the negligence directly caused your injury.
The next step is to establish the amount of damages you are legally liable for. This could be a combination of economic and non-economic damages. Economic damages are those that can be easily quantified, for example, medical bills and expenses caused by your injuries. Non-economic damages may include suffering and pain as well as emotional or mental distress as well as loss of enjoyment of your life.
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