What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or his estate in the event of a deceased patient must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. The aggrieved patient must prove four legal elements to prevail in a case:

Duty of care

In any legal case in any legal matter, the plaintiff must show that another person or entity was liable to them for a duty of care and then failed to perform this duty. In medical malpractice cases this is the duty of doctors to provide the highest standard of care for their patients. This is usually determined by expert testimony.

Expert witnesses can help determine the proper standards for medicine and then explain the ways in which a physician has deviated from these guidelines when treating the patient. A plaintiff's medical malpractice attorney must then show that this error Medical Malpractice Lawyers was directly responsible for the victim's injuries.

Using expert testimony is essential since jurors typically are not aware of anatomy and have watched numerous medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish the standards of care. In the context of a medical malpractice case, the standard of care refers to the level of expertise as well as the quality of treatment and degree of diligence possessed by other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons with similar training and accreditation. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against one another) It isn't easy to find an expert with the qualifications to testify against a colleague regarding inadequate care.

Breach of duty

If a doctor commits an error that hurts the patient, it is considered medical malpractice. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims can be difficult to prove due to complicated laws and issues. However, a qualified medical malpractice lawyer will examine the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish the relationship was between a doctor and patient you and your doctor, which is required in any malpractice claim. Your attorney will also look into your doctor's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar education, background and geographical location within your state.

Physicians must follow the guidelines established by their patients without deviation or omission. In breach of this duty, the doctor was not able to meet these standards and caused harm to you.

It is simple to prove a breach of duties by using experts and your attorney's research. Those experts can testify as to how the doctor's actions didn't meet the standards of care and then explain how a medical professional in similar circumstances would have performed differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical malpractice lawyers records, prescription and test results, imaging scans and prescriptions to create solid evidence that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can increase those dangers. To prove causality, the injured patient must demonstrate that there is a direct link between the alleged negligence of a medical professional and their injury. In many instances this will require expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors can include the misdiagnosis of serious diseases or conditions. A doctor's inability to recognize cancer or any other medical condition, can have serious consequences for a patient. In this instance the patient may suffer excessive pain or even die. By failing to diagnose the problem correctly the doctor could have committed a mistake.

Proving that a doctor or hospital has treated you in a negligent manner is a lengthy and difficult process. The evidence required could come from numerous sources, including medical records and test results as well as expert testimony from witnesses and oral depositions. Your lawyer can assist you find and interpret this evidence as well as represent you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to act in accordance with prevailing standards of care. Medical malpractice Lawyers professionals must have the ability to predict outcomes based on their education and experience.

Damages

In medical malpractice cases, courts will be hearing about financial compensations that are meant to pay injured patients. The damages may include past or future medical bills and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment of living. In some cases the punitive damages may be awarded. These are reserved for particularly serious behavior that society has an interest in stopping.

A medical malpractice lawsuit begins by filing in the court of a civil summons. The parties then engage in discovery, which is a process in which the plaintiff and defendants are required to make disclosures under an oath. This could involve requesting the exchange of documents such as medical records, deposing 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 physician was legally bound to provide care and treatment to the patient. The second element to establish is that the doctor acted in breach of the duty by failing to follow the medical standard of care. The third element is whether the breach resulted in harm to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice has to be filed) differ from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice occurred.