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A medical malpractice lawsuit can be a long and expensive procedure. An attorney can spend many hours reviewing your case and conducting an investigation.
You must be able to prove that the doctor failed to provide the proper standard of care to submit a claim for medical malpractice. This can be done by proving that a different medical professional would have performed their duties in a different manner.
What is medical malpractice?
A medical malpractice lawsuit is the claim that a medical care professional violated his or their legal duty to a patient, and that this breach caused injuries. Medical malpractice lawsuits are filed in state trial courts. Each state has its own set of rules regarding the specific actions that could constitute malpractice.
In the United States, physicians are required to carry medical malpractice insurance. These policies cover the cost of defending against medical negligence claims filed by patients or family members. If a patient believes that a doctor acted negligently they should consult a seasoned attorney for help with filing a claim as soon as possible.
The medical malpractice concept is based on ancient law 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 basic elements to obtain damages. They must prove the existence of the duty of care of the doctor; deviation from the established standard by the defendant, a causal relationship between the breach and injury to the patient; and finally, the tangible presence of injuries that can be quantified in terms of damages that provide justice.
In addition to medical documents, expert testimony could be required to prove the fact that a particular health care professional deviated from accepted standards of practice when treating the patient. Experts can testify to the level of knowledge and abilities that are expected of health professionals in a specific field of treatment. They can also discuss how a physician’s deviation from these standards harms the patient.
Medical Malpractice Causes
Medical malpractice occurs when a hospital, medical professional or any other healthcare professional violates accepted standards of care and as a result you suffer injury or your illness worsens. Medical malpractice can be the result of misdiagnosis, surgical errors or failure to treat a disease or illness, medication error or other acts or omissions which aren't in compliance with the standard of care.
Medical malpractice claims are typically filed due to the wrong diagnosis. A misdiagnosis could be as simple as a physician not being able to recognize the symptoms of a cardiac attack or as serious as waiting to long for a diagnosis of cancer or other diseases or illnesses.
Other types of medical malpractice can include surgical mistakes, such as leaving a sponge inside your body or cutting your nerve during surgery. These mistakes can cause permanent disfigurement or even death. Medication mistakes, such as prescribing the wrong dose of a medicine or stopping the medication that is essential for your health are frequent.
Birth injuries could also be medical negligence if they were caused by a nurse or doctor during labor, pregnancy or delivery. These injuries can be as minor as a bruise to as severe as brain injury, paralysis or even death. These injuries can be avoided and your medical malpractice 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, the victim can be awarded damages for their injuries. This may include medical costs as well as lost income. Additionally, victims are often paid for non-economic losses such as suffering and pain. The amount of damages that the victim is entitled to is determined by their legal team.
Many states have regulations in place that govern the amount of damages a plaintiff can assert in a medical negligence case. These rules vary from state to state but they typically take into account a variety of aspects, including any other payment sources (like insurance) that the patient has. Some states also have limits on damages.
The legal process of filing a lawsuit begins with the submission and delivery of written documents to the doctor who is the defendant. These documents are referred to as "pleadings," and they describe the alleged wrongs committed by the doctor.
After the pleadings have been filed, the parties plan the deposition. A deposition is a meeting where the witness will be given questions under swearing. The testimony is recorded and may be used in court.
Medical malpractice cases can be complicated and the legal system offers an avenue for patients who seek justice to obtain it. Even if a case wins, it can be emotionally draining for the patient and their families.
Medical Malpractice Lawyers
If you think that you have been injured due to the negligence of the doctor, contact a medical malpractice lawyer immediately. Josh Silber has extensive experience with this type of legal matter and Medical Malpractice Lawsuit has a proven track record of success getting his clients the compensation they deserve.
A medical malpractice lawsuit can be very complex and requires a significant amount of time and resources to pursue, including hours of attorney and doctor time examining records, chatting with experts, and analyzing the legal and medical literature. The case must be filed within the statute of limitations, which is two and a half years according to New York law.
The first step in a medical malpractice case is to determine whether the doctor owed an obligation of care and violated that duty of care. This is usually done with the use of medical experts who will review the circumstances of your case and determine if there was malpractice and that the negligence directly caused your injury.
The next step is to determine the amount of damages that you are entitled to. This can include economic and non-economic damages. Economic damages are easily quantifiable, such as medical expenses and costs associated with your injury. Non-economic damages are more difficult to quantify, and can include things like pain and suffering as well as loss of enjoyment life, or emotional or mental distress.
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