Medical Malpractice

The term "malpractice lawsuit" refers to a type of legal action that can be filed against a professional, like a doctor, who has failed to offer a sufficient duty of care or service to their client, which has resulted in the client suffering injury. In the litigation, recompense for the harm suffered as a result of the professional's negligence or misconduct is being sought.

Causation: Causation is often the most difficult aspect of medical malpractice to prove. The Selvin Law Firm is experienced in proving causation in medical malpractice cases.

Medical malpractice occurs when a healthcare professional or facility fails to provide appropriate care, resulting in harm to the patient. Here are some common types of medical malpractice lawsuits:

Misdiagnosis: This occurs when a doctor fails to diagnose a medical condition or provides an incorrect diagnosis, leading to delayed or incorrect treatment.

Surgical errors: These are mistakes made during a surgical procedure, such as operating on the wrong body part, leaving instruments inside the patient, or damaging nerves or organs.

Medication errors: This happens when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to account for potential interactions with other medications or medical conditions.

Birth injuries: This type of malpractice can occur when a healthcare provider fails to adequately monitor the mother or baby during labor and delivery, resulting in harm to the baby or mother.

Anesthesia errors: Anesthesia errors can occur when a healthcare provider administers too much or too little anesthesia, leading to complications or death.

Hospital-acquired infections: This occurs when a patient acquires an infection while in a healthcare facility, typically due to improper sanitation procedures or inadequate care.

These are just a few examples of the types of medical malpractice lawsuits. It's important to note that every case is unique and requires a thorough investigation by a qualified medical malpractice attorney to determine the cause of the harm and to seek appropriate compensation for the victim.

In order to be awarded damages in a medical malpractice lawsuit, the plaintiff (the individual who is initiating the legal action) must prove numerous elements, including the following ones:

The plaintiff has the burden of proving that the defendant healthcare professional had a duty of care to give treatment to the patient that was in accordance with generally accepted medical practices.

Breach of duty: The plaintiff has the burden of proving that the healthcare provider breached this duty of care by administering treatment that was inconsistent with generally accepted medical standards.

The plaintiff has the burden of proving that the healthcare provider's breach of duty was the cause of the patient's injury or other form of harm.

Damages: The plaintiff has the burden of proving that they received genuine damages, such as a bodily injury, mental trauma, or financial loss, as a direct result of the breach of duty committed by the healthcare practitioner.

To put it another way, the plaintiff has the burden of proving that the healthcare provider owed the patient a duty to provide a particular level of care, that they breached that duty by deviating from generally accepted medical standards, and that the patient suffered as a result of this breach of duty. In addition to this, the plaintiff has the burden of proving that they have been negatively affected in some way as a direct result of the activities taken by the healthcare provider.

In order to prove these aspects, it is necessary to conduct an exhaustive examination of the facts, which should include medical records, witness evidence, and the opinions of experts. It is critical to collaborate with a knowledgeable medical malpractice attorney who is able to lead you through the legal procedure and assist you in developing a compelling case in your favor.

The time limit for filing a medical malpractice lawsuit, known as the statute of limitations, varies by state and can also depend on the specific circumstances of the case. However, there are some general guidelines that can help you determine the time frame in which you have to file your lawsuit.

In most states, the statute of limitations for filing a medical malpractice lawsuit is between one to three years from the date of the injury or from the date when the injury was discovered or should have been discovered. However, some states have different time limits or exceptions for certain situations, such as cases involving minors or cases involving foreign objects left inside the body during surgery.

It's important to note that the statute of limitations can be complex, and it's essential to consult with a qualified medical malpractice attorney to understand the specific time limits that apply to your case. Failing to file within the applicable statute of limitations can result in the case being dismissed, and the plaintiff may be barred from pursuing compensation for their injuries.

It's essential to act promptly if you believe you have a medical malpractice case to ensure you have enough time to gather evidence, build a strong case, and meet the statute of limitations deadline.