What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by the patient who complains about the negligence of a healthcare worker. The patient (or his or her estate if the patient has passed away) must show that the negligence caused injury or harm.

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

Duty of care

In any legal claim, the plaintiff has to prove that a person or entity was liable to them for a duty of care and then failed to perform this obligation. In medical malpractice cases this is the physician's obligation to provide their patients with the proper standards of medical care. Expert testimony is often used to establish this.

Expert witnesses can assist in determining appropriate standards of medical practice and then demonstrate how a physician has strayed from these guidelines when treating the patient. A plaintiff's attorney who is suing for medical malpractice must then demonstrate that the deviation caused the victim's injuries.

Using expert testimony is essential because jurors generally are not aware of anatomy and are exposed to many medical dramas. In medical malpractice claims this is especially important because it is often difficult to establish the standard of care. In a medical malpractice case, the standard of care refers to the skill level, quality of treatment and degree of diligence possessed by other doctors in comparable areas of expertise in similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors who have similar training and accreditation. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to speak against one another), it can be difficult to locate an expert who is qualified to be a witness against a colleague for the care that is not up to par.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. An experienced medical malpractice lawyer malpractice attorney will investigate your case to determine whether a doctor has breached their duty to you.

Your attorney will establish a doctor-patient relation between you and your doctor which is essential to prove a malpractice claim. Your attorney will examine the actions and decisions of your physician to determine whether the standard of care in your state for doctors with similar training, experience, and geographic location is satisfied.

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

It is simple to prove the breach of duty by using experts and your attorney's investigation. Expert witnesses can testify to why the doctor's actions didn't meet the standard of care and also explain why a different medical Malpractice lawyers professional in similar circumstances would have acted differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans, and prescriptions to build a strong case that the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove causality, a patient who has suffered an injury must prove an immediate connection between the alleged negligence of the doctor and their injury. In many instances, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

Medical errors include the misdiagnosis of serious illnesses or conditions. If a doctor fails to recognize cancer or any other medical condition, can have serious consequences for patients. In this scenario the patient could suffer unnecessary suffering and even death. If the doctor failed to diagnose the condition properly, the doctor may have committed a mistake.

Proving that a doctor or hospital has treated you in a negligent manner can be a long and tedious process. The evidence needed may include a variety of sources, such as medical reports and test results, as in addition to expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and interpreting the evidence as well representing you in the process of depositions.

It is also important to note that only healthcare professionals is liable for malpractice. Doctors and nurses, in contrast to receptionists working in medical centers are expected to adhere to current standards of treatment. That means that medical professionals should be able to anticipate the consequences based on their skills and knowledge.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages to compensate the injured person. These damages may include future and past medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. In some cases punitive damages could also be awarded. These are reserved for particularly serious behaviour that society has an interest in deterring.

A medical malpractice claim typically begins with filing a civil summons and Medical malpractice lawyers complaint in court. The parties then engage in discovery, a process where the plaintiffs and defendants will make public statements under an oath. This can include requesting documents like medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the doctor owed a legal duty to provide medical treatment and care to the patient. The second element to prove is that the doctor violated that duty by failing to follow the medical standard of care. The third aspect is whether the breach caused injury to the patient.

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