The Role of Expert Witnesses in Medical Malpractice Lawsuits

When a medical professional deviates from accepted medical practice, patients and their loved ones can file a lawsuit to recover damages. The goal is to compensate the injured party for past and future losses resulting from their injuries. This includes loss of wages, future earning capacity, and pain and suffering. Medical malpractice claims are often filed against doctors, but can also include nurses, therapists, surgeons, and radiologists.

Medical malpractice cases are usually filed in state trial courts. However, under certain circumstances, a case may be filed in a federal court. This can happen when the underlying case involves a federal issue or if the injured patient lives in two different states.

If you suspect medical negligence, it is important to speak with a qualified New York malpractice lawyer as soon as possible. The longer you wait, the more difficult it will be to prove medical malpractice. There are specific statutes of limitations that govern how long you have to file a malpractice suit.

Once your malpractice attorney medical malpractice lawsuit has completed their investigation, they will file a complaint, which is a document that clearly states the facts of your claim against the defendant. This is generally served alongside a summons, which is an order to appear in court. The complaint will also request that the defendant provide a response to your allegations within 30 days.

The next step is to gather and review evidence. This process is referred to as discovery, and can take a significant amount of time. During discovery, both sides are allowed to request documents and testimony from each other, as well as to take each other’s depositions. This can be time consuming, particularly when a health care provider or clinic is unwilling to cooperate.

To successfully sue a doctor for malpractice, you will need to demonstrate that the doctor’s actions were negligent and caused an injury to you. There are four basic elements of a medical malpractice claim:

A doctor has a duty to offer competent medical care. This means that a doctor must act within the scope of his or her education, training, and experience to offer the care needed to keep the patient safe. This is known as the standard of care.

The second element is that the doctor breached this duty by not following the standard of care. The third element is that the breach caused an injury to the patient. This can be demonstrated by showing a direct relationship between the breach of the standard of care and a negative outcome. The fourth and final element is that the injury was significant enough to warrant compensation. The amount of compensation you receive will depend on the severity of your injuries and the strength of your case. New York recognizes three different types of damages: compensatory, non-economic, and punitive. Compensatory damages reimburse victims for things like lost income and medical expenses, while non-economic damages address things such as pain and suffering. Punitive damages are reserved for the most egregious cases of medical malpractice.