What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient complaining about the negligence of a healthcare professional. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence led to injury or harm.

In general, lawsuits claiming medical negligence are filed in state court. The patient who is aggrieved must demonstrate four legal aspects to win a case:

Duty of care

To establish a legal claim, the plaintiff must prove that he or she was in the position of being owed a duty by an individual or a company and that they failed to fulfill it. In the case of medical malpractice it is a physician's obligation to provide their patients with the appropriate standards of treatment. This is typically determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then explain how a doctor deviated from the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the error was directly responsible for the victim's injuries.

Expert testimony is essential since jurors are often not familiar with anatomy and have watched a lot medical dramas. This is especially relevant in medical malpractice cases since it isn't easy to establish a minimum standard of care. In a palmyra medical malpractice law firm malpractice case, the standard refers to the level of expertise and care quality, as well as degree of diligence that other doctors with similar specialties have under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have similar training and accreditation. It isn't easy to find an expert who is willing to testify about poor medical care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor makes an error that hurts the patient, this is medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and concerns. However, a reputable medical malpractice lawyer will look into the facts of your case to determine if a doctor violated his or her obligation to the patient.

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

Physicians are required by their patients to adhere to these standards without omission or deviation. A breach of duty means that the doctor failed to meet your expectations and resulted in injury.

Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. Those experts can testify as to why the doctor's actions didn't meet the standard of care and also explain why a different medical professional in similar circumstances would have different actions. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records tests, prescriptions, test results and imaging scans in order to construct an argument that proves the breach of duty committed by your physician directly contributed to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the cause of malpractice in a claim an injured patient must establish a direct link between the negligence alleged and their injury. In the majority of cases, expert testimony is required as well as assistance from an attorney for medical malpractice.

For instance, misdiagnosing an illness or disease is a common error. If a doctor fails to recognize cancer or any other seaside medical malpractice lawyer condition could have grave consequences for patients. In this case the patient could be suffering in pain that is not needed and could even end up dying. The doctor could have committed malpractice by not diagnosing the problem 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 number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can help you in obtaining and interpreting the evidence as well representing you in the process of depositions.

It is important to keep in mind that only healthcare professionals can be sued for negligence. In contrast to receptionists in medical centers nurses and doctors must act in accordance with prevailing standards of care. A medical professional must be able to predict outcomes based on qualifications and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are intended to compensate the injured patient. These damages can include future or past medical bills and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment of living. In some instances punitive damages can also be awarded. These are reserved for the most egregious conduct that society is interested in stopping.

A medical malpractice lawsuit typically begins with the filing of a civil summons as well as a complaint in the court. The parties then begin discovery. This is a process where the plaintiff and defendants give statements under oath. This could include asking for medical records and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a claim for medical malpractice, it is important to prove that the doctor was legally obligated to provide care and treatment to the patient. The other element to prove is that the doctor breached this duty by failing follow the Grayslake Medical Malpractice Lawyer standard of care. The third aspect is whether the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which an action for medical malpractice must be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice took place.