Medical malpractice is a type of negligence

Medical malpractice is a type of negligence in which a doctor fails to provide treatment that meets the accepted standard of care in a given situation. This failure results in harm or death to a patient. Medical malpractice cases are among the most complicated legal claims, and the laws vary from state to state. In some states, doctors are required to carry malpractice insurance in case they commit a mistake. If you think a doctor has committed medical malpractice, it is important to speak with an experienced attorney as soon as possible.

Each doctor is held to a professional standard of care and must offer treatment on par with what would be expected by another doctor in the same specialty under similar circumstances. To establish malpractice, an injured party must prove that a physician violated this standard of care by acting negligently, and that the violation caused harm. In most instances, a medical malpractice claim is against the physician, but in some cases, it may be against other healthcare professionals involved in the case. This can include nurses, physician assistants, radiologists, pharmacists and lab workers.

A medical malpractice lawsuit is typically filed in the district court of the defendant’s home state. However, federal courts are also available under limited circumstances, including when a case invokes a federal question or involves a violation of federal constitutional rights. Regardless of the court where the case is filed, the injured party should hire an experienced medical malpractice lawyer to assist in navigating the complex legal system.

To sue for medical malpractice, the injured party must prove that substandard medical care caused injury and that the injured party suffered financial losses as a result of that injury. This proof is often based on the testimony of expert witnesses. The expert witness must provide detailed evidence of the injury, and must explain how the alleged negligence was the cause of the injury. This is known as proximate causation.

Many states have passed tort reform legislation designed to make it more difficult for patients to win a medical malpractice case. This is often because it is believed that malpractice lawsuits raise healthcare costs for everyone. Those laws can affect which healthcare providers will be named in a suit, and they can also change how damages are calculated.

There are several other elements that must be present in a medical malpractice lawsuit, and they can sometimes be challenging to prove. In some situations, it is obvious that a doctor acted negligently, such as when a clamp is left inside the body during surgery. In other instances, it is necessary to prove that there was a direct link between the breach of the doctor’s standard of care and the patient’s injury.

The attorneys at Sobo & Sobo have extensive experience handling medical malpractice lawsuits, and will be happy to review your case. Call us today for a free consultation in Middletown, Monticello, Newburgh or Spring Valley. We can help you through the process and get the compensation you deserve.