What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming the negligence of a healthcare professional. The patient (or his or her estate in the event of death) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. To prevail in a lawsuit the aggrieved party must prove four elements of law:

Duty of care

In any legal matter, the plaintiff needs to demonstrate that an individual or entity had a responsibility to them under a duty of care and then failed to fulfill this duty. In the case of medical negligence, it is the obligation of doctors to provide the right level of care to their patients. This is usually determined by expert testimony.

Expert witnesses can help determine the proper medical standards and then prove that a physician did not follow those standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice must prove that this deviation caused the victim's injuries.

Expert testimony is essential as jurors are typically not knowledgeable about anatomy and have seen a lot of medical dramas. This is especially relevant in medical malpractice cases since it can be difficult to establish a proper standard of care. In a medical malpractice claim, the standard of care refers to the level of skill as well as the quality of treatment and the level of dedication possessed by other doctors with similar specialties in similar circumstances.

Experts in medical malpractice law firm malpractice cases are typically surgeons or doctors with similar training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against each other) It can be challenging to find an expert with the qualifications to be a witness against a colleague for the care that is not up to par.

Breach of duty

Medical Malpractice Law Firm malpractice occurs when a physician is negligent and hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. A good medical malpractice attorney will evaluate your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish that the relationship was between a doctor and patient you and your physician which is a requirement for any malpractice claim. Your attorney will also review your physician's actions and decisions to determine if they meet what is referred to as the standard of care for doctors of similar training, experience and geographical location in your state.

Physicians must respect the standards that their patients have set without deviation or Medical malpractice Law firm omission. A breach of duty means that the doctor did not meet your expectations, and this has caused injury to you.

It is easy to prove that there was a breach of duty with the help of expert witnesses and your attorney's research. Experts can testify the doctor's actions didn't meet the standards of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans and prescriptions in order to build an argument that proves the breach of duty by your doctor directly caused your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can add to those dangers. In order to prove causation, the patient must prove an unambiguous connection between the alleged negligence of a doctor and their injuries. In many cases, this requires expert testimony and the assistance of a lawyer for medical malpractice.

For example, misdiagnosing an illness or disease is a common error. If a doctor fails to recognize cancer or other conditions may have serious implications for a patient. In this scenario the patient could experience unnecessary suffering and even death. The doctor could be negligent for not properly diagnosing the condition.

Proving that a doctor or hospital failed to treat you appropriately can be a long and tedious process. Evidence may come from a variety sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can help you find and interpret this evidence as well as represent you during the deposition process.

It is also important to know that only a healthcare professional is liable for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to act in accordance with prevailing standards of care. That means that a medical professional must be able of predicting the outcomes depending on their experience and knowledge.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages to compensate the injured person. These damages can be based on the cost of medical bills in the past or in the future as well as loss of earnings or income, pain and disfigurement or loss of enjoyment living. Punitive damages may be granted in certain cases. These are reserved for criminal acts that society is trying to discourage.

A medical malpractice case typically begins with the filing a civil summons and complaint in the court. Then, the parties engage in discovery, which is a process in which the plaintiff and defendants make statements under an oath. This can include requesting the exchange of documents like medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case it is vital to prove that the physician was legally obligated to provide care and treatment to the patient. The second thing to establish is that the doctor did not fulfill that duty by failing to adhere to the medical standard of care. The third factor is that the breach caused harm to the patient.

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