What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient died) must show that the negligence caused injury or harm.

Legal actions claiming medical malpractice are usually filed in state trial courts. To prevail in a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal claim, the plaintiff has to demonstrate that an individual or entity owed them a duty of care and then failed to perform this obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the proper standard of treatment. Expert testimony is typically used to establish this.

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

Expert testimony is vital for jurors, since the majority of jurors do not have a good understanding of anatomy and watch many medical dramas. This is particularly important in medical malpractice cases since it is difficult to establish a reasonable standard of care. In a medical malpractice case the standard of care is referred to the level of expertise in the treatment, its quality and degree of diligence possessed by other doctors with similar specialties in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and certification. It is often difficult to locate an expert willing to testify about poor medical care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that harms the patient, this is considered medical malpractice. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims can be complicated issues and laws, which makes them difficult to prove. A good American Fork Medical Malpractice Lawsuit malpractice attorney will examine your case to determine if a doctor has violated their obligation to you.

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

Physicians must respect the standards set forth by their patients without deviation or omission. Breaching that duty means the doctor was not able to meet the expectations of his patients and caused injury to you.

It is easy to prove that there was a breach of duty with the help of experts and your attorney's research. Experts can prove that the doctor's actions were not in accordance with the standards of medical care and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans and prescriptions to build an argument that the breach of duty by your doctor directly led to your injuries.

Causation

sutherlin medical malpractice law firm errors can increase the dangers of most treatments. To prove the causation, an injured patient must establish that there is a direct link between the negligence of the doctor and the injury. In many instances, expert testimony is required along with the assistance of an attorney who specializes in medical malpractice.

Medical errors could include mistakes in diagnosis, for instance, misdiagnosing serious diseases or conditions. The failure of a doctor to recognize cancer or other conditions may have serious implications for a patient. In this scenario the patient could suffer unnecessary suffering and even death. In failing to recognize the problem correctly, the doctor may have committed a mistake.

Proving that a doctor or hospital failed to treat you appropriately isn't easy and takes a lot of time. The evidence needed may include numerous sources, including medical records and test results, as in addition to expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and interpreting the evidence, as well as representing you in the process of depositions.

It is important to note that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists at medical centers, are expected to adhere to current standards of treatment. That means that medical professionals should be able to anticipate the consequences in light of their expertise and education.

Damages

In medical malpractice cases, the courts will be hearing about financial compensations designed to help injured patients. These damages could include future and past medical bills, lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages are awarded in certain circumstances. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice case starts with the filing in court of an administrative summons. The parties then proceed to discovery. It is a process in which the defendant and plaintiff are required to give testimony under oath. This could include requesting documents like medical records taking depositions of those involved in a lawsuit and interviewing witnesses.

One of the first elements to prove in a medical negligence case is that the doctor had a legal duty to provide medical treatment and care to the patient. The other element to prove is that the doctor violated this duty by failing follow the medical standard of care. The third factor is that the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) differ from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice took place.