What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient complaining about the negligence of a healthcare professional. The patient, or or estate in the instance of a deceased patient, must show that the negligence caused injury or harm.

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

Duty of care

In any legal matter in any legal matter, the plaintiff must show that another person or entity had a responsibility to them under a duty of care and failed to perform this duty. In medical malpractice cases, it is the responsibility of medical professionals to provide the right level of care to their patients. This is usually determined through expert testimony.

Expert witnesses assist in determining the appropriate medical standards. They then show how a doctor did not follow those standards in their treatment of the patient. A plaintiff's attorney for medical malpractice must show that the deviance caused the victim's injuries.

Expert testimony is essential because jurors are usually not knowledgeable about anatomy and have seen a lot of medical dramas. This is particularly relevant in medical malpractice cases as it is difficult to establish a proper standard of care. In a medical malpractice claim, the standard of care is referred to the skill level in the treatment, its quality and the level of diligence displayed by other doctors with similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and accreditation. It is often difficult to locate an expert willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error medical malpractice that causes harm to the patient, it is considered medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove because they involve complicated laws and concerns. A good medical malpractice attorney will review your case to determine if the doctor has violated their obligation to you.

Your attorney will establish a doctor-patient connection between you and your physician which is essential for any malpractice claim. Your attorney will review the actions and decisions of your physician to determine whether the standards of care in your state for doctors who have similar training, experience and geographical location is fulfilled.

Physicians are required by their patients to observe these standards, without deviation or omission. In breach of this duty, the doctor did not fulfill the expectations of his patients and resulted in injury to you.

It is easy to prove the breach of duty with the help of expert witnesses and your attorney's research. Experts can prove that the doctor's actions weren't in line with the standard of medical care and explain why another 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 review your medical documents, test and prescription results, imaging scans and prescriptions to make solid evidence that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation in a malpractice claim an injured patient must prove a direct connection between the alleged negligence and their injury. In the majority of cases, expert testimony is required, along with assistance from a medical malpractice lawyer.

For Medical Malpractice instance, misdiagnosing a condition or a serious illness is a common medical error. If the doctor fails to identify cancer or other conditions it could result in severe consequences for the patient. In this case the patient could suffer unnecessary suffering and even death. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.

Proving that a doctor or hospital did not treat you properly can be a long and tedious process. The evidence needed could include various sources, such as medical reports and test results as along with expert testimony from witnesses and oral depositions. Your attorney can assist with obtaining and interpreting the evidence as well being your advocate during the process of depositions.

It is important to know that only healthcare professionals can be sued for malpractice. As opposed to receptionists in medical facilities nurses and doctors must act in accordance with the current standards of care. This means that a medical professional must be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice cases, the courts will hear about monetary compensations to compensate injured patients. These damages could include past and future medical bills, lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. In some instances the punitive damages may be awarded; these are reserved for particularly egregious conduct that society has an interest in deterring.

A medical malpractice case starts by filing in the court of an administrative summons. The parties then proceed to discovery. This is a procedure which requires the plaintiff and defendants to give statements under oath. This may include seeking medical records or other documents and depositions of the parties involved in a lawsuit and interviewing witnesses.

One of the primary elements to establish in a medical malpractice case is that the doctor was under the legal obligation of providing medical treatment and care to the patient. The second is that the doctor violated that obligation by failing to follow the standard of medical practice. The third element is that the breach caused harm to the patient.

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