What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient in the event of death) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal elements in order to win the case:

Duty of care

In any legal case the plaintiff must prove that a person or entity had a responsibility to them under a duty of care and then failed to fulfill this duty. In medical malpractice lawyers malpractice cases, this involves a physician's duty to provide their patients with the right standards of medical care. Expert testimony is usually used to determine this.

Expert witnesses can assist in determining proper standards for medical practice and then demonstrate the ways in which a physician has deviated from these standards in treating the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly responsible for the victim's injury.

Using expert testimony is essential because jurors generally do not have a good understanding of anatomy, and they watch numerous medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish the standards of care. In a medical malpractice case, the standard of care is referred to the level of skill of the practitioner, the quality of treatment, and degree of diligence possessed by other doctors with similar areas of expertise in similar circumstances.

Generally, experts in medical malpractice cases are fellow physicians or surgeons with similar qualifications and board certifications. It is often difficult to locate an expert willing to testify about substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor medical malpractice makes an error that hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are complicated laws and issues, making them difficult to prove. However, a reputable medical malpractice lawyer will look into the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your physician which is essential for any malpractice claim. Your attorney will review the actions and decisions of your physician to determine if the standard of care in your state for doctors who have similar training, backgrounds, and geographic location is in place.

Physicians have a responsibility to their patients to observe these standards without omission or deviation. A breach of that duty means that the doctor did not meet those standards and resulted in harm to you.

Proving the breach of duty usually simple with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans, and prescriptions to build a strong case that the breach of duty committed by your doctor directly caused your injuries.

Causation

All treatments come with a degree of risk, but medical errors can increase the dangers. To prove the causation, an injured patient must prove that there is a direct link between the negligence of the doctor and their injury. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a common error. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this situation the patient could experience unneeded suffering, or even death. The doctor could have committed a malpractice by not diagnosing the condition properly.

The process of proving that your doctor or hospital was negligent in the treatment you received is a lengthy and difficult process. Evidence may come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you locate and interpret this evidence and also assist you during the deposition process.

It is crucial to remember that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to adhere to current standards of treatment. This means that a medical professional should be able to predict the effects from their skills and education.

Damages

In medical malpractice claims courts will hear about financial damages that are intended to compensate the injured person. 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, punitive damages may also be awarded; these are reserved for the most egregious actions that society has an interest in preventing.

A medical malpractice claim typically begins with the filing of a civil summons or complaint in the court. The parties will then proceed to discovery. This is a process where the plaintiff and defendants take oaths to make statements. This could involve the request of medical records, medical malpractice for instance as well as deposing parties who are involved in a lawsuit and interviewing witnesses.

One of the most important elements to prove in a medical malpractice case is that the doctor owed an obligation under law to provide healthcare and treatment to the patient. The second aspect is that the doctor breached this obligation by not adhering to the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice must be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice occurred.