What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient complaining about 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 the state trial court. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

To establish a legal claim, a plaintiff needs to demonstrate that they was legally obligated to perform a duty by a third party and that they failed to perform the obligation. In medical malpractice cases this is the physician's duty to provide their patients with the appropriate standards of care. This is usually determined by expert testimony.

Expert witnesses can help determine the correct medical standards, and then explain how a doctor did not follow those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and have watched a number of medical dramas. This is particularly important in medical malpractice claims as it is often difficult to establish a reasonable standard of care. In a medical malpractice claim the standard is the level of expertise and care quality, as well as level of care that other physicians in similar specialties have under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and accreditation. It can be difficult to locate an expert willing to testify about substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor commits a mistake that harms the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove because they involve complicated laws and issues. A competent medical malpractice lawyer will review your case to determine if a doctor has violated their obligation to you.

Your attorney will establish that there was a doctor-patient relationship between you and your physician which is necessary in any malpractice claim. Your attorney will examine your physician's decisions and actions to determine whether the standard of care in your state for doctors who have similar training, background, and geographic location is fulfilled.

Physicians are required to follow the standards that are set by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations, and this has caused injury to you.

It is simple to establish the breach of duty with the help of experts and your attorney's investigation. Those experts can testify as to why the doctor's actions didn't meet the standards of care and then explain how a medical professional in similar circumstances might have behaved differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans, and prescriptions to build a strong case that the breach of duty by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, but medical errors can add to those risks. To prove the causation of a malpractice claim the injured person must establish a direct connection between the negligence alleged and their injuries. In many cases, this requires expert testimony and the help of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious illness is a common medical error. A doctor's inability to recognize cancer or other conditions could have grave consequences for the patient. In this situation, the patient may experience inexpensive suffering and possibly even death. In failing to recognize the problem correctly, the doctor may have committed a lapse of judgment.

Proving that a doctor or hospital failed to treat you appropriately can be a long and tedious process. Evidence could come from variety sources, such as medical records tests, Medical malpractice law firms medical records, expert witness testimony and depositions. An attorney can help you obtain and interpret the evidence, as well as assist you during the deposition process.

It is important to note that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors must act in accordance with prevailing standards of care. Medical professionals must be able of predicting consequences based on his or their education and experience.

Damages

In medical malpractice cases the courts are able to determine monetary damages intended to compensate the injured patient. These damages could include the cost of medical bills in the past or in the future, loss of wages in the event of pain and discomfort disfigurement or loss of enjoyment of living. In certain cases the punitive damages may be awarded. These are awarded to those who have committed particularly indecent behavior that society is interested in deterring.

A medical malpractice law firms malpractice lawsuit begins with the filing in court of an administrative summons. The parties will then proceed to discovery. This is which requires the plaintiff and defendants to make statements under oath. This could involve the request of medical records, for instance, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical malpractice case is that the doctor had an obligation under law to provide healthcare and treatment to the patient. The second element to prove is that the doctor breached this duty by failing follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.

It is vital to note that the statute of limitations (the legally-defined time frame within which a medical negligence 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.