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Exploring Medical Malpractice and What You Need to Know

In the United States, medical negligence is far too prevalent. According to this assessment, medical negligence is the third biggest cause of mortality in the United States, trailing only heart disease and cancer. For this reason, having an accident lawyer in these kinds of cases is crucial to get fairly compensated for medical errors. 

It is alarming because a 2009 study found that 250,000 Americans die yearly due to medical errors. There is also an implication in economic growth because medical malpractice costs $20 billion yearly for the economy.

What constitutes medical negligence varies by state, but some general guidelines apply in all cases and provide clear definitions for what kinds of injuries are considered medical negligence.

Here are ten crucial details you need to know about medical malpractice today:

1. What Is Medical Malpractice?

Medical malpractice or errors happens when a doctor or medical practitioner causes an injury due to negligent medical treatment. This can occur during surgery, therapy, diagnosis, or any other medical procedure.

The most common malpractice in the medical field is failure to diagnose a disease or injury, misdiagnosis, or incorrect diagnosis of an illness or injury.

2. What Kinds of Medical Malpractice Claims Are There?

Medical malpractice cases are classified according to the conditions of the claimant. These various claims can have different results but have a common denominator—they can all result from negligence in the medical field.

3. Whose Fault Is It?

Any claim regarding fault in a medical negligence case must typically be decided in a court of law. The discovery process will involve obtaining evidence and determining which party is at fault and liable for damages.

A plaintiff must demonstrate carelessness to win a medical malpractice case. For the defendant to be found negligent, you must first show that they had a duty of care toward you.

4. What Are the Damages?

Damages are what you are looking to recover if you are a victim of medical malpractice, the most common of which is monetary damages.

Other damages may include damages for physical injuries resulting from medical negligence, such as lacerations, organ damage, nerve damage, or different types of physical injuries.

Economic damages can also be recovered, such as medical expenses, loss of income, or other financial losses. Other kinds of damages might include emotional damages and punitive damages.

Your damages will differ depending on the nature of your medical malpractice claim and the extent of your injuries.

5. What Are the Benefits of a Medical Malpractice Lawsuit?

There are many benefits to becoming a party in a medical malpractice case. First of all, it is a way to receive the medical treatment you need.

In addition, the compensation you receive in a medical malpractice lawsuit can be used for several different things, like paying off debts or paying for other damages.

6. What Is a Typical Settlement?

The settlement must be fair because it must account for all the case facts, but the payment must also account for the typical recovery in similar cases. Settlement amounts tend to vary drastically, but a good statistic is that medical malpractice settlements typically range between $250,000 to $1,500,000.

7. What Is the Process of Filing a Medical Malpractice Lawsuit?

Medical malpractice claim procedures might be complicated, but several resources are available to assist you. For starters, decide whether you want to file a claim with the hospital or facility. You also need to determine if you want to file a separate claim with a lawyer.

If you file a claim with an accident lawyer, they will handle paperwork, manage the case, handle all the depositions and negotiate a settlement. Ultimately, they’ll oversee the process of getting you any compensation you are entitled to as a result of your case.


If you claim you have been a victim of medical malpractice or have been injured due to a medical error, you should see an accident lawyer examine your legal options. Gather all necessary evidence before meeting with him, and be familiar with relevant laws available in your state. 

If you want the services of an accident lawyer, contact Ronemus & Vilensky today. From 2007 to 2020, we were ranked #1 in New York for accident and malpractice attorneys. We have provided competent legal advice to accident, medical malpractice, and civil rights victims for many years.

We only handle cases on contingency, so you don’t pay until Ronemus & Vilensky win your case. Schedule a consultation today.