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 if the patient has passed away) must show that the negligence resulted in injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

To establish a legal claim, the plaintiff must demonstrate that he/she was in the position of being owed a duty by a third party and that they failed to fulfill it. In medical malpractice cases this is the duty of medical professionals to provide the appropriate standard of care for their patients. This is typically determined through expert testimony.

Expert witnesses help determine the correct medical standards, and then demonstrate how a doctor did not follow these standards in their treatment of the patient. A plaintiff's medical malpractice law firm malpractice attorney (Visit Home Page) must then show that this deviation was directly accountable for the injury of the victim.

Expert testimony is essential as jurors are typically unfamiliar with anatomy and medical malpractice attorney watched a number of medical dramas. This is especially relevant in medical malpractice cases since it isn't easy to establish a minimum standard of care. In the context of a medical malpractice case the standard of care refers to the skill level in the treatment, its quality and the level of dedication possessed by other doctors in comparable areas of expertise in similar circumstances.

The majority of experts in medical malpractice claims are fellow surgeons or doctors who have the same training and board certifications. It is often difficult to find an expert willing to testify about substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

medical malpractice attorneys negligence occurs when a physician is negligent and hurts the patient. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove because they involve complicated laws and concerns. A good medical malpractice attorney will review your case to determine if a physician has breached their duty to you.

Your attorney will establish a doctor-patient connection between you and your doctor which is required to prove a 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, experience and geographical location within your state.

Doctors are required to respect the standards set forth by their patients without deviation or omission. A breach of duty implies that the doctor did not meet your expectations and resulted in injury.

Proving the breach of duty typically straightforward with the help of your attorney's research and expert witnesses. Those experts can testify as to the reasons why the doctor's actions do not meet the standards of care and medical malpractice attorney also explain why a different medical professional in similar circumstances would have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records and test results, prescriptions and imaging scans to create a solid case that the breach of duty committed by your physician directly resulted in your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the cause of malpractice in a claim an injured patient must establish a direct connection between the alleged negligence and their injury. In many cases, expert witness is required as well as assistance of a medical malpractice attorney.

Medical errors could include mistakes in diagnosis, for instance, misdiagnosing serious diseases or conditions. If doctors fail to detect cancer or another disease it could result in severe consequences for the patient. In this case the patient could experience unneeded suffering, or even death. The doctor could have committed malpractice by not diagnosing the issue properly.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. The evidence needed may include numerous sources, such as medical records and test results, as along with expert witness testimony and oral depositions. Your attorney can assist in obtaining and understanding the evidence, as well representing you in the process of depositions.

It is also important to know that only healthcare professionals can be sued for misconduct. Unlike receptionists at medical centers nurses and doctors are expected to act according to the standards of care. That means that medical professionals must be able of predicting the outcomes in light of their expertise and knowledge.

Damages

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

A medical malpractice case starts with the filing in court of a civil summons. The parties then proceed to discovery. This is that requires both parties to are required to give testimony under oath. This may include the exchange of documents, such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim it is essential to establish that the doctor was legally obligated to provide treatment and care to the patient. The second part is that the doctor breached this duty by failing to adhere the medical standards of practice. The third element is that the breach resulted in harm to the patient.

It is important to note that the statute of limitations (the legally prescribed period 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 on when the underlying incident of medical malpractice occurred.