What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of negligence by a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits claiming medical negligence are filed in state court. The patient who is aggrieved must demonstrate four legal elements in order to win the case:

Duty of care

In any legal action the plaintiff must demonstrate that a third party or entity was liable to them for a duty of care, and they failed to meet that obligation. In medical malpractice cases, it is the responsibility of medical professionals to provide the proper standard of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine the appropriate medical standards and then demonstrate how a doctor violated these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the error was directly responsible for the victim's injuries.

Expert testimony is essential since jurors are often unfamiliar with anatomy and seen a lot of medical dramas. This is especially important in medical malpractice claims as it isn't easy to establish a minimum standard of care. In a medical malpractice case the standard refers the level of competence, quality of care and level of care that other doctors with similar specialties have under similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons with 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 not to admit to a case against one another) It is often difficult to find an expert with the qualifications to testify against a colleague regarding sub-standard care.

Breach of duty

If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and issues. A competent medical malpractice lawyer will evaluate your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish there was a doctor-patient connection between you and your physician which is essential in any malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors of similar education, background and geographical location in your state.

Physicians are required by their patients to abide by these standards, without deviation or omission. A breach of duty implies that the doctor failed to meet your expectations, and this has caused injury to you.

It is simple to prove that there was a breach of duty by using experts and your attorney's research. Expert witnesses can testify to why the doctor's actions do not meet the standard of care and explain how another medical professional in similar circumstances would have behaved differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will examine your medical records tests, prescriptions, test results and imaging scans to make a solid case that the breach of duty committed by your physician directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase the dangers. To prove the cause of malpractice in a claim the injured person must establish a direct connection between the alleged negligence and the injury. In many cases, expert witness is required, along with assistance from a medical malpractice attorney.

For instance, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to recognize cancer or any other illness may have serious implications for the patient. In this situation the patient may suffer unneeded suffering, or even death. The doctor could be negligent for not properly diagnosing the condition.

The process of proving that your doctor or hospital was negligent in treating you is a lengthy and difficult process. Evidence can come from a variety sources, such as everett Medical malpractice lawsuit records, test results, expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as well representing you in the process of depositions.

It is also important to remember that only a healthcare professional is liable for malpractice. As opposed to receptionists in medical facilities, doctors and nurses are expected to behave in accordance with the current standards of care. This means that a medical professional should be able to predict the effects from their skills and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are intended to compensate the injured patient. These types of damages can include future and past medical bills loss of wages, disfigurement, pain and suffering and loss of enjoyment of life. In some cases punitive damages could also be awarded. These are reserved for medical malpractice attorney particularly egregious conduct that society has an interest in deterring.

A medical malpractice case begins with the filing in the court of a civil summons. The parties then begin discovery. This is a procedure that requires both parties to give statements under oath. This may include the exchange of documents such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

In a case of medical malpractice it is vital to prove that the doctor was legally obligated to provide care and treatment to the patient. The second element is that the doctor violated that duty by failing to adhere the standard of medical practice. The third aspect is whether the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) vary from state states. In New York, the statute of limitations is two years and six months (30 months) from the date on when the underlying incident of medical malpractice took place.