Medical Malpractice Lawsuits

A medical malpractice lawsuit is costly and a time-consuming procedure. It takes several hours for an attorney to fully examine your case and conduct an investigation.

To have a medical malpractice claim, you have to prove that your doctor was unable to provide the appropriate standard of medical care. This is done by demonstrating that a different health professional would have behaved differently in the same circumstance.

What is medical malpractice?

A medical malpractice lawsuit is an assertion that a health care professional violated his their legal obligation to a patient and that the violation resulted in injury. Medical malpractice lawsuits are filed in state trial courts. Each state has its rules regarding what actions might be considered malpractice.

Doctors who practice in the United States must carry medical malpractice insurance. These policies typically cover the cost of a defense against claims for medical negligence brought by patients or their families. If a patient is convinced that the doctor acted negligently and has a claim, the patient should immediately consult an experienced lawyer for assistance making a claim within the time frame allowed by the state in which they practice.

The medical malpractice concept is based on old law and is part of the tort law system that is related to professional negligence. As with other tort claims, a plaintiff in a medical malpractice lawsuit must prove four fundamental factors to receive damages. These include the existence of the duty of care of the doctor; deviation from that standard by the defendant; an causal connection between the breach and injury to the patient; and finally, the measurable presence of injuries that can be quantified by damages that can be used to obtain compensation.

In addition to medical documents, expert testimony could be required to establish the fact that a particular health care professional did not adhere to accepted standards of practice in treating a patient. These experts can testify about the level of expertise and skills required by health care specialists in the specific area of treatment. They can describe how a physician's infraction to those standards caused harm to the patient.

Medical Malpractice Causes

Medical malpractice occurs when a hospital, medical professional or any other healthcare professional does not adhere to accepted standards of care and you suffer injury or your condition worsens. Medical malpractice can be the result of misdiagnosis, surgical errors or inability to treat a disease or illness or medication error, as well as other omissions or acts that fall short of your standard of care.

Misdiagnosis is one of the most common reasons medical malpractice claims are filed. A misdiagnosis can be as simple as a physician not recognizing signs of a heart attack or as grave as a delay in not taking enough time to correctly diagnose cancer or another disease or illness.

Other forms of medical malpractice could include surgical mistakes, such as leaving a sponge inside your body or cutting a nervous during surgery. These mistakes can cause permanent disfigurement or even death. Medication mistakes, such as prescribing the wroses can be extremely complex but the legal system has been designed to provide a way for patients who have suffered injuries to seek justice. Even when a case succeeds it can be emotional for the patient and their families.

florida City medical Malpractice lawsuit Malpractice Lawyers

If you suspect that you've been injured due to the negligence of the medical professional you trust, it is important to contact an experienced medical malpractice lawyer as quickly as possible. Josh Silber has extensive experience in this kind of legal issue and has a proven track record of success in getting his clients the compensation they deserve.

A medical malpractice case can be extremely complex and requires a substantial amount 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 lawsuit must be filed within two and a half years, as per New York law.

In a medical malpractice claim, the first step is to determine if a doctor violated his duty of care. This is usually done by the use of medical experts who analyze the facts of your case to determine whether there was negligence and if the negligence directly caused your injury.

Next, you need to determine the amount of damages that you are owed. This can be a matter of economic or non-economic damages. Economic damages are those that can be easily quantified, such as palm bay medical malpractice attorney bills and costs associated with your injuries. Non-economic damages may include suffering and pain emotional or mental distress, and loss of enjoyment of your life.