What Is a Medical Malpractice Claim?

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

In general, lawsuits claiming medical negligence are filed in state court. The patient who is suffering from the injury must prove four legal elements to win a case:

Duty of care

In order to prove a legal claim, a plaintiff must demonstrate that he/she was in the position of being owed a duty by a person or an organization and that they failed to fulfill the obligation. In the case of medical negligence, it is the responsibility of doctors to provide the proper standard of care for their patients. Expert testimony is often used to determine this.

Expert witnesses help to determine the proper medical standards and then explain how a doctor was not following these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly accountable for the injury of the victim.

Using expert testimony is essential because jurors generally have only a basic understanding of anatomy and are exposed to many medical dramas. This is especially important in medical malpractice cases since it isn't easy to establish a proper standard of care. In a medical malpractice case, the standard of care is referred to the level of skill in the treatment, its quality and the level of diligence displayed by other doctors in comparable specialties under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have a similar education and certification. It isn't easy to find an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes an error that hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are complicated laws and issues, making them difficult to prove. A good medical malpractice attorney (simply click www.maxtremer.com) will examine your case to determine if a physician has violated their obligation to you.

Your attorney will establish that a doctor-patient relationship existed between you and your doctor, which is a requirement in any malpractice claim. Your attorney will also examine 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 geographic location in your state.

Physicians owe a duty to their patients to observe these standards without deviation or omission. A breach of duty means that the doctor did not meet your expectations and this failure caused injury to you.

It is simple to prove an infraction of duty by using expert witnesses and your attorney's investigation. Those experts can testify as to the reasons why the doctor's actions didn't meet the standards of care and then explain how a medical professional in similar circumstances might have acted differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans to make an argument that your physician's breach of duty directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the causation, the patient must prove an unambiguous connection between the alleged negligence of the medical professional and their injury. In many cases, expert witness is required along with the assistance from a medical malpractice attorney.

For example, misdiagnosing a condition or a serious illness is a common error. A doctor's inability to recognize cancer or other conditions, can have serious consequences for a patient. In this situation the patient could experience inexpensive suffering and possibly even death. The doctor may have committed a malpractice by not diagnosing the issue properly.

Proving that a doctor or hospital treated you negligently can be a long and tedious process. Evidence may come from a variety sources, such as medical records or test results, expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as well representing you in the process of depositions.

It is also important to know that only a healthcare professional is liable for malpractice. In contrast to receptionists in medical centers, doctors and nurses are expected to behave in accordance with prevailing standards of care. That means that medical professionals should be able to foresee consequences depending on their experience and education.

Damages

In medical malpractice cases, the judges will hear about monetary compensations that are meant to pay compensation to injured patients. The damages may include past or future medical bills, loss of wages, pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages can be awarded in some cases. They are reserved for criminal acts that society is trying to deter.

A medical malpractice lawsuit begins by filing in the court of a civil summons. The parties will then begin discovery. This is a procedure where the plaintiff and defendants take oaths to make statements. This may include the exchange of documents such as medical malpractice law firm records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first things to establish in a medical malpractice case is that the doctor was under an obligation under law to provide medical care and treatment 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 element is whether the breach resulted in harm to the patient.

It is important to note that the statute of limitations (the legally prescribed 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 month (30 months) following the date of the medical malpractice.