What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient who complains of carelessness of a healthcare worker. The patient, Medical malpractice lawsuits or his or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. The aggrieved patient must prove four legal elements to win the case:

Duty of care

To prove a legal claim, a plaintiff needs to show that he or she was owed a duty of duty by a third party and that they failed to perform the obligation. In medical malpractice cases this is the responsibility of a doctor to provide the proper quality of care to their patients. Expert testimony is usually used to establish this.

Expert witnesses help to determine the appropriate medical standards and then prove that a physician did not follow the guidelines in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice has to show that the deviance caused the victim's injuries.

Expert testimony is vital because jurors generally do not have a good understanding of anatomy, and they watch numerous medical dramas. In medical malpractice claims this is especially important since it can be difficult to establish a standard of care. In the context of a medical malpractice case the standard of care is referred to the level of skill in the treatment, its quality and the level of diligence displayed by other physicians in similar specialties in similar circumstances.

Typically, experts in medical malpractice cases are fellow surgeons or doctors with similar training and board certifications. It is often difficult to find an expert who is willing to testify about substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error which harms the patient, this is considered medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complicated laws and issues. A reputable medical malpractice lawyer will examine your case to determine if the doctor has violated their obligation to you.

Your attorney will prove that there was a doctor-patient relationship between you and your doctor, which is a requirement for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine whether the standard of care in your state for doctors with similar backgrounds, training, and geographic location is met.

Physicians must follow the guidelines set forth by their patients without deviation or omission. In breach of this duty, the doctor did not meet those expectations and that failure resulted in harm to you.

It is simple to establish the breach of duty with the assistance of experts and your attorney's research. Expert witnesses can testify to the reasons why the doctor's actions did or did not meet the standard of care and explain how another medical professional in similar circumstances might have different actions. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans, and prescriptions to make solid evidence that the breach of duty by the doctor directly contributed to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can add to those risks. To prove the causation, an injured patient has to show an immediate connection between the alleged negligence of a doctor and the injury. In many cases, expert witness is required along with the assistance of an attorney who specializes in medical malpractice.

Medical errors could include, for example, misdiagnosing serious diseases or conditions. If a doctor fails to recognize cancer or other conditions, can have serious consequences for the patient. In this instance the patient could experience unnecessarily pain and may even die. In failing to recognize the condition properly the doctor could have committed a malpractice.

Proving that a hospital or doctor failed to treat you appropriately is a lengthy and difficult process. The evidence needed may include a variety of sources, such as medical reports and test results as and expert witness testimony and oral depositions. An attorney can help you find and interpret this evidence and also assist you during the deposition process.

It is important to know that only healthcare professionals can be sued for negligence. Doctors and nurses, in contrast to receptionists at medical centers, are expected to follow the current standards of treatment. That means that medical professionals must be able of predicting the outcomes in light of their expertise and education.

Damages

In medical malpractice cases, courts hear about monetary damages that are designed to compensate the injured person. These damages may include past and future medical bills, lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some instances punitive damages could also be awarded; these are reserved for particularly egregious behavior that society has an interest in preventing.

A medical malpractice case starts with the filing in court of an administrative summons. The parties will then engage in discovery. It is a process that requires both parties to take oaths to make statements. This can include asking for medical records as well as deposing parties involved in a lawsuit and interviewing witnesses.

One of the most important elements to prove in a medical malpractice case is that the doctor had the legal obligation to provide medical treatment and care to the patient. The second element is that the doctor violated this obligation by failing to follow the medical malpractice lawyers standard of practice. The third aspect is that the breach caused harm to the patient.

It is vital 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, there is a statute of limitations of two years and Medical malpractice lawsuits six month (30 months) after the date of the medical malpractice.