What Is a Medical Malpractice Claim?

A medical malpractice lawyers malpractice claim is brought by the patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient has passed away) must show that the negligence resulted in injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. The patient who is aggrieved must demonstrate four legal aspects to win the case:

Duty of care

To establish a legal claim, a plaintiff must show that he or she was legally obligated to perform a duty by an individual or a company and that they failed to fulfill the obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the appropriate standard of treatment. This is usually determined by expert testimony.

Expert witnesses help to determine the proper medical standards and then explain how a doctor was not following these standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Expert testimony is vital, as most jurors have only a basic understanding of anatomy, and they watch a lot of medical dramas. This is especially relevant in medical malpractice claims as it is difficult to establish a standard of care. In a medical malpractice case the standard is the level of skill and care quality, as well as level of care that other doctors in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have similar training and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not testify against each other), it can be difficult to locate an expert with the right qualifications to testify against a colleague regarding sub-standard care.

Breach of duty

When a doctor makes an error that hurts the patient, it is medical malpractice. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex laws and issues, making them difficult to prove. An experienced medical malpractice attorney will investigate your case to determine if a doctor has breached their duty to you.

Your attorney will establish that a doctor-patient relationship existed between you and your doctor, which is essential for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar training, background and geographical location within your state.

Physicians have a responsibility to their patients to adhere to these standards without omission or deviation. A breach of duty means that the physician did not meet your expectations and resulted in injury to you.

It is simple to prove an infraction of duty by using experts and your attorney's investigation. Experts can testify that the doctor's actions didn't meet the standards of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans, and prescriptions to make a strong case that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove causality in a malpractice case, an injured patient must establish a direct link between the alleged negligence and their injuries. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can be mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If a doctor medical malpractice attorney fails to diagnose cancer or other conditions this could have serious consequences for the patient. In this situation the patient could suffer excessive suffering, and even die. The doctor could have committed malpractice by not properly diagnosing the condition.

The process of proving that your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. The evidence you require could be from various sources, such as medical reports and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist with obtaining and interpreting the evidence, as well being your advocate during the process of depositions.

It is important to keep in mind that only a healthcare professional can be sued for negligence. Contrary to receptionists at medical facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. That means that a medical professional must be able to predict the effects in light of their expertise and education.

Damages

In medical malpractice cases, courts hear about monetary damages that are designed to compensate the patient who was injured. These types of damages can include past and future medical bills loss of wages, pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages are awarded in certain circumstances. These are reserved for criminal acts that society is trying to deter.

A medical malpractice case usually begins with the filing of a civil summons as well as a complaint in the court. Then, the parties will engage in discovery, a process that requires the plaintiff and defendants will make public statements under an oath. This could involve the request of medical records, for instance taking depositions of those involved in a lawsuit and interviewing witnesses.

One of the most important elements to prove in a medical negligence case is that the doctor had the legal obligation of providing medical treatment and care to the patient. The second thing to establish is that the doctor did not fulfill the duty by failing to adhere to the medical standard of care. The third aspect is that the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally prescribed period within which a medical malpractice claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.