What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming negligence by a healthcare worker. The patient (or his or her estate in the event of death) must prove that the negligence led to injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. 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 matter the plaintiff must demonstrate that an individual or entity owed them a duty of care, and they failed to meet that obligation. In the case of medical malpractice it is a doctor's obligation to provide their patients with the right standard of treatment. Expert testimony is usually used to establish this.

Expert witnesses can help determine the correct medical standards, and then show how a doctor was not following those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly responsible for the victim's injury.

Expert testimony is essential because jurors generally do not have a good understanding of anatomy and have watched numerous medical dramas. This is particularly important in medical malpractice claims as it is difficult to establish a minimum standard of care. In medical malpractice cases, the standard of care refers to the degree of skill, 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 typically surgeons or medical malpractice law firm physicians who have a similar education and medical malpractice law Firm accreditation. It can be difficult to find an expert who is willing to testify against substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will look into the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish the relationship was between a doctor and patient you and your physician which is a requirement in any malpractice claim. Your attorney will examine your physician's decisions and actions to determine if the standard of care in your state for doctors who have similar training, background, and geographic location is met.

Physicians have a responsibility to their patients to adhere to these standards without omission or deviation. A breach of duty implies that the physician did not meet your expectations and this failure caused injury to you.

Proving a breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standard of medical treatment and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans and prescriptions to make an argument that proves the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase those risks. In order to prove causality, the injured patient must establish a direct connection between the alleged negligence of a doctor and the injury. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing an illness or illness is a common medical error. If a doctor fails to recognize cancer or other conditions could have grave consequences for patients. In this situation the patient could experience unnecessarily pain and may even end up dying. In the absence of diagnosing the condition correctly the doctor could have committed a lapse of judgment.

Proving that a hospital or doctor failed to treat you appropriately isn't easy and takes a lot of time. Evidence can come from a range of sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can assist in obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is crucial to remember that only healthcare professionals can be sued for malpractice. Unlike receptionists at medical malpractice Law Firm centers, doctors and nurses are expected to behave according to the standards of care. A medical professional must be able to anticipate the outcome based on her education and skills.

Damages

In medical malpractice cases, the judges will hear about monetary compensations designed to pay compensation to injured patients. These damages can include past or future medical bills and lost wages, pain and discomfort, disfigurement, or loss of enjoyment living. Punitive damages may be granted in certain cases. These are awarded only to those who commit crimes that society wishes to discourage.

A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in court. The parties follow up with discovery. This is a procedure where the plaintiff and defendants take oaths to make statements. This could include the request of medical records, for instance, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.

In a medical malpractice case it is vital to establish that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect is that the doctor violated that obligation by failing to follow the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is important to remember that the statute of limitations (the legally defined time 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 six month (30 months) following the date of the medical malpractice.