Medical Malpractice Lawsuits 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 bring a medical malpractice claim, you have to prove that your doctor failed to provide the appropriate standard of treatment. This is done by showing that another health care provider would have acted in a different way. What is medical malpractice? A medical malpractice suit is a claim stating that the health professional did not fulfill their legal obligation towards patients, and that the violation caused injury. Medical malpractice lawsuits are filed with state trial courts. Each state has its own set of rules regarding the specific actions that might constitute malpractice. Physicians practicing in the United States must carry medical malpractice insurance. These policies typically cover the cost of a defense against claims of medical negligence filed by patients or their families. If a patient feels the doctor was negligent, they should consult a seasoned attorney to assist in filing a claim as soon as they can. Medical malpractice is a concept in law that is based on ancient laws and is part of a larger tort law system that relates to professional negligence. Similar to other tort claims, a plaintiff in a medical malpractice lawsuit must prove four basic factors to receive damages. These include the existence of an obligation of care on the part of the physician; the deviation from the norm by the defendant; a causal relationship between the breach and injury to the patient; and finally, the existence of injuries that can be quantified in terms of damages that could be used to seek redress. In addition to medical documents, expert testimony might be required to establish that a particular health care professional deviated from accepted standards of practice in treating the patient. Experts can testify to the amount of knowledge and competence required by health professionals in the particular area of treatment, and they can provide evidence of how a doctor's deviation from those standards harmed the patient. Medical Malpractice Causes Medical malpractice occurs when a hospital, doctor or other healthcare professional is found to be in violation of accepted standards of care and, as a consequence, you are injured or your condition gets worse. It can be caused by mistakes in diagnosis or surgical error or inability to treat a disease or illness that is well-known as a medical error, or any other actions and omissions that do not meet the standards of care. A misdiagnosis is among the most frequently cited reasons for medical malpractice claims are filed. A misdiagnosis can be as simple as a physician not being able to recognize the signs of a heart attack, or as serious as waiting too long to diagnose cancer or another type of disease or illness. Other forms of medical malpractice can include surgical mistakes, such as creating a sponge within you or cutting a nervous during surgery. These mistakes can cause permanent disfigurement or even death. Medical errors, such as giving you the wrong dose or stopping you from taking a medicine that is essential to your health, are common. Birth injuries can be regarded as medical malpractice when they're caused by a nurse, doctor 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 can be avoided and a medical malpractice lawsuit may help to hold your doctor accountable for their actions. Medical Malpractice Causes In the case of medical malpractice the victim could be awarded damages for their injuries. This may include medical costs as well as lost income. Victims are also often compensated for other damages that are not economic, like pain and discomfort. The amount of damages that victims can be awarded is determined by their legal team. There are many states that have laws that set the amount of damages that a plaintiff can assert in a medical negligence case. These rules differ from state to state however, they generally take into account a variety of factors, including any other payment sources (like insurance) that the patient has. Furthermore, certain states have caps on damages. The legal procedure of filing a lawsuit begins with the submission and distribution of written documents to the doctor of the defendant. These documents, sometimes referred to as "pleadings," detail the claims of the doctor's misconduct committed. After pleadings have been filed after which the parties usually organize a deposition. A deposition is a hearing where witnesses are given questions under swearing. The testimony is then recorded to be used later in court. Although medical malpractice cases can be extremely complex however, the legal system was designed to provide an avenue for injured patients to pursue justice. Even when a case is successful, it can be financially draining and emotionally exhausting for both the patient and their loved ones. Medical Malpractice Lawyers If you believe that you have been injured due to the negligence of the doctor, seek out a medical malpractice lawyer right away. Josh Silber is a medical malpractice lawyer with a wealth of experience in this particular area of law. He has a proven track of success and has helped many clients obtain the compensation that they deserve. A medical malpractice case can be very complex and requires a significant amount of time and resources to pursue, including hours of attorney and physician time reviewing records, interviewing experts, and studying the legal and medical literature. The case must be filed within the timeframe of limitations that is two and a half years under New York law. In a claim for medical malpractice the first step is to determine if a physician violated his duty of care. This is usually performed by medical professionals who examine the circumstances of the case and determine if there was malpractice. The next step is to establish the amount of the damages you are owed. This can be a matter of economic or non-economic damages. Economic damages are ones that are easily quantified, including medical bills and other expenses related to your injuries. Non-economic damages are more difficult to quantify, and can include things like the pain and suffering, loss of enjoyment life, and mental or emotional distress.