What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient complaining of the negligence of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The aggrieved patient must prove four legal elements to win the case:

Duty of care

To prove a legal claim, a plaintiff has to show that he or she was obliged to perform a task by a person or an organization and that they failed to fulfill it. In medical malpractice cases this is the responsibility of a doctor to provide the proper quality of care to their patients. This is usually determined by expert testimony.

Expert witnesses can assist in determining appropriate standards of medical practice and then demonstrate how a doctor departed from these standards while treating patients. A plaintiff's medical malpractice attorney must then show that this error was directly at fault for the injury suffered by the victim.

Expert testimony is vital for jurors, since the majority of jurors are not aware of anatomy, and they watch a lot of medical dramas. This is especially important in medical malpractice cases as it is often difficult to establish a minimum standard of care. In a medical malpractice claim the standard is the level of expertise in the field, the quality of care provided and the level of care that other doctors with similar specialties have under similar circumstances.

In general, experts in medical malpractice claims are fellow physicians or surgeons who have the same training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors not to testify against one another) It can be difficult to locate a qualified expert willing to testify against a colleague regarding sub-standard care.

Breach of duty

Medical negligence occurs when a physician commits a mistake that harms the patient. The mistakes could cause new injuries or make preexisting ones worse. medical malpractice lawsuit malpractice claims can be difficult to prove since they are based on complicated laws and concerns. However, a qualified medical malpractice lawyer will look into the facts of your case to determine if the doctor has breached his or her obligation to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your physician which is necessary for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine if the standard of care in your state for doctors with similar backgrounds, training, and geographic location is fulfilled.

Physicians are required to respect the standards set forth by their patients without omission or deviation. A breach of duty means that the physician did not meet your expectations and caused you injury.

It is simple to establish the breach of duty with the assistance of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions weren't in line with the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans, and prescriptions to create an argument that proves the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causation, an injured patient has to show that there is a direct link between the negligence of the doctor and their injuries. In many cases, expert witness is required as well as assistance from a medical malpractice attorney.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. A doctor's inability to recognize cancer or any other medical condition, can have serious consequences for patients. In this scenario the patient could be suffering in pain that is not needed and could even end up dying. The doctor could have committed malpractice by not diagnosing the problem properly.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. Evidence can come from a range of sources, such as medical records, test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding this evidence, as representing you in the process of depositions.

It is also important to know that only a healthcare professional is liable for negligence. Doctors and nurses, in contrast to receptionists working in medical centers are expected to adhere to current standards of medical care. This means that medical professionals must be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice claims the courts consider monetary damages to compensate the victim. These damages may include future and past medical bills and lost wages, as well as pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages are awarded in a few cases. These are awarded only to egregious acts that society wants to deter.

A medical malpractice case begins with the filing in court of a civil summons. Then, the parties will engage in discovery, a procedure through which the plaintiff and defendants make statements under swearing. This could include requesting the exchange of documents such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is crucial to establish that the doctor was legally bound to provide care and treatment to the patient. The second part is that the doctor violated this obligation by not adhering to the medical standard of care. The third element is whether the breach caused harm to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice has to be filed) differ from state to states. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.