What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient claiming carelessness of a healthcare worker. The patient (or his or her estate if the patient died) must show that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in state trial courts. The patient who is affronted must prove four legal aspects to win the case:

Duty of care

To prove a legal claim, a plaintiff needs to demonstrate that they was obliged to perform a task by another person or organization and that they failed to fulfill the obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standards of medical care. Expert testimony is usually used to establish this.

Expert witnesses help determine the appropriate medical standards. They then prove that a physician did not follow these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and watched a lot medical dramas. This is especially relevant when it comes to medical malpractice claims, as it is often difficult to establish a proper standard of care. In the context of medical malpractice cases, the standard of care is referred to the skill level, quality of treatment and the degree of diligence shown by other physicians in similar specialties under similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another) it can be difficult to locate a qualified expert willing to provide evidence against a colleague in relation to poor care.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These mistakes can cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. A competent medical malpractice lawyer will examine your case to determine if the doctor has violated their obligation to you.

Your attorney will establish the relationship was between a doctor and patient you and your physician, which is required in any malpractice claim. Your attorney will examine your doctor's actions and decisions to determine whether the standards of care in your state for doctors with similar training, experience and geographical location is fulfilled.

Physicians have a duty to follow the guidelines set forth by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations and resulted in injury.

It is simple to prove a breach of duties with the help of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions did not meet the standards of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty of your physician directly contributed to your injuries.

Causation

medical malpractice law firms errors can increase the dangers of a wide range of treatments. To prove causality, a patient who has suffered an injury has to show that there is a direct link between the alleged negligence of a doctor and their injuries. In many cases, expert witness is required, along with assistance of a medical malpractice attorney.

Medical errors can be, for example, misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another disease the result could have devastating consequences for the patient. In this scenario, the patient may experience unnecessary suffering and even death. The doctor could be negligent for not diagnosing the problem properly.

Proving that a hospital or doctor has treated you in a negligent manner is a lengthy and difficult process. Evidence could come from number of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can help you locate and interpret this evidence and also assist you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists at medical centers, are expected to follow the current standards of medical care. That means that medical professionals must be able to anticipate the consequences depending on their experience and knowledge.

Damages

In medical malpractice claims courts will hear about financial damages that are intended to compensate the patient who was injured. These types of damages can include future and past medical bills as well as lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. In some cases, punitive damages may also be awarded. These are reserved for particularly egregious actions that society is interested in stopping.

A medical malpractice case usually begins with filing a civil summons or complaint in court. Then, the parties will engage in discovery, which is a process in which the plaintiff and defendants disclose statements under the oath. This could involve requesting the exchange of documents, such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim it is essential to prove that the doctor was legally bound to provide care and treatment to the patient. The second thing to establish is that the doctor acted in breach of the duty by failing to follow the medical standard of care. The third factor is that the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally-defined time frame within which a Medical Malpractice Lawyers 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.