In the United States, lawsuits alleging medical malpractice are filed in state trial courts that have jurisdiction to hear such claims. Jurisdiction is determined based on the location of the town or city in question, and legal rules are established to govern how cases are assigned to the appropriate court. In some cases, a case may be referred to or moved to federal district court for review.
In most cases, the aggrieved patient must prove that a healthcare professional breached their duty of care by not using accepted sue for medical malpractice practices and that this breach caused injuries to the patient. The injured patient must also prove that they would not have experienced the injury if the healthcare professional had followed acceptable medical practice.
Breach of duty is typically proven with the assistance of an expert witness. This person is a physician with similar education and training who can review the facts of the case and provide an opinion as to whether or not the doctor violated the standard of care. The injured patient must also prove that a direct relationship exists between the breach of duty and an injury, or proximate cause.
Most states allow patients to sue the healthcare professional that committed medical malpractice, as well as a hospital or other facility where the doctor worked. However, some states limit liability to a hospital when it appears that the doctor was an employee of the hospital rather than an independent contractor. Regardless of the statute of limitations in your jurisdiction, you should contact a qualified and screened medical malpractice attorney as soon as possible after an incident to maximize the chance of getting the compensation that you deserve.
Even when a medical mistake is not as severe as one that could result in death, there are still many costs associated with the incident that can be reimbursed through a settlement or verdict. These include past and future medical bills, lost wages, and pain and suffering damages. Often, insurance companies will not cover all or part of the cost of a medical error, leaving the injured victim with additional bills that they must pay out of pocket.
The law in the United States has developed an adversarial system designed to encourage the discovery of facts, facilitate prelitigation settlements, and ensure that nonmeritorious claims are weeded out of the litigation process. The adversarial system includes a trial and jury system and extensive tools to promote fair and impartial determination of negligence claims.
Some states require that a certificate of merit be filed before or at the time of filing suit in a medical malpractice case. This affidavit is usually completed by a medical expert witness and certifies that there is reasonable grounds to believe that the healthcare provider did not use accepted practices and that this breach was the proximate cause of the patient’s injury or death.
A good medical malpractice lawyer can help to navigate these complicated laws and provide you with a high level of skill and service. At Sobo & Sobo, we have experienced attorneys at your disposal throughout the greater New York and Orange County areas.