What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by patients who complain about the carelessness of a healthcare professional. The patient (or his or her estate if the patient died) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal aspects to win a case:

Duty of care

To establish a legal claim, a plaintiff must demonstrate that he/she was owed a duty of duty by an individual or a company and that they failed to fulfill the obligation. In medical malpractice cases, it is the duty of doctors to provide the proper quality of care to their patients. Expert testimony is often used to determine this.

Expert witnesses can help determine proper standards for medical treatment and then reveal how a doctor has deviated from these guidelines when treating the patient. A lawyer for a plaintiff's claim for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and watched a number of fort pierce medical malpractice law firm dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish a standard of care. In a medical malpractice case the standard refers to the level of skill and care quality, as well as level of diligence that other doctors in similar specialties in similar circumstances.

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

Breach of duty

If a doctor makes an error that hurts the patient, it is considered medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and concerns. However, a skilled medical malpractice lawyer will analyze the facts 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 necessary for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors of similar training, experience and geographical location in your state.

Physicians must respect the standards that their patients have set without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and this failure caused injury to you.

It is simple to prove the breach of duty by using expert witnesses and your attorney's investigation. These experts can testify that the doctor's actions didn't meet the standard of medical treatment and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to make an argument that proves the breach of duty by your doctor directly contributed to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causation in a malpractice claim the injured person must prove a direct connection between the alleged negligence and their injury. In many instances this will require expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If a doctor fails to recognize cancer or other conditions could have grave consequences for the patient. In this situation, the patient may experience inexpensive suffering and possibly even death. If the doctor failed to diagnose the condition properly, the doctor may have committed a mistake.

Proving that your doctor, or hospital did not treat you properly can be complicated and time-consuming. The evidence you require could be from a variety of sources, such as medical records and test results as and expert witness testimony and oral depositions. Your lawyer can assist you gather and interpret the evidence, and also represent you during the deposition process.

It is also important to note that only healthcare professionals is liable for negligence. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to adhere to current standards of care. A medical professional must be able to predict consequences based on his or her education and skills.

Damages

In medical malpractice cases the courts consider monetary damages to compensate the patient who was injured. These damages can be based on the cost of Carthage medical malpractice law firm bills in the past or in the future or wages lost, pain and discomfort, disfigurement, or loss of enjoyment of living. In some cases punitive damages can also be awarded; these are reserved for particularly serious behavior that society has an interest in deterring.

A medical malpractice claim typically begins with the filing a civil summons as well as a complaint in the court. Then, the parties will engage in discovery, a process where the plaintiffs and defendants disclose statements under the oath. This can include requesting the exchange of documents such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to prove in a medical malpractice 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 did not fulfill the obligation by failing to follow the medical standard of care. The third aspect is that the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally-defined period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.