What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about negligence by a healthcare worker. The patient, or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. In order to win a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In any legal matter, the plaintiff has to show that another person or entity was liable to them for a duty of care and then failed to fulfill this obligation. In the case of medical malpractice this is the physician's duty to provide their patients with the appropriate standard of medical care. Expert testimony is typically used to establish this.

Expert witnesses can help determine the appropriate standards of medicine and then show the ways in which a physician has deviated from these standards while treating a patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly responsible for the victim's injury.

Expert testimony is essential, as most jurors have only a basic understanding of anatomy and are exposed to many medical dramas. In the case of medical malpractice this is especially important as it is often difficult to establish a standard of care. In the context of a medical malpractice claim, the standard of care is referred to the degree of skill in the treatment, its quality and medical malpractice attorney the level of diligence displayed by other physicians in similar specialties in similar circumstances.

Generally, experts in medical malpractice cases are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors to not testify against each other), it isn't easy to find a qualified expert willing to defend a colleague against the care that is not up to par.

Breach of duty

When a doctor commits an error that causes harm to the patient, this is considered medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. A good medical malpractice attorney will evaluate your case to determine if a physician has breached their duty to you.

Your attorney will establish a doctor-patient relation between you and your physician that is required for any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine if they complied with what is referred to as the standard of care for doctors with similar training, experience and geographical location within your state.

Physicians are required by their patients to observe these guidelines without deviation or omission. A breach of duty implies that the doctor didn't meet your expectations and resulted in injury to you.

Proving that a breach of duty occurred is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records as well as test results, prescriptions and imaging scans to build an argument that the breach of duty of your physician directly led to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can increase the risks. To prove the causation, the patient must prove that there is a direct link between the negligence of the doctor and their injury. In many cases, expert witness is required as well as assistance from an attorney for medical malpractice.

For example, not diagnosing an illness or illness is a frequent medical error. If a doctor fails to diagnose cancer or other conditions, it can have severe consequences for the patient. In this case the patient may suffer in pain that is not needed and could even end up dying. The doctor could be negligent for not diagnosing the condition properly.

Finding out if your doctor or hospital was negligent in treating you is a lengthy and difficult process. Evidence could come from a variety of sources, including medical records tests, medical records, expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding 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 negligence. Unlike receptionists at medical centers, doctors and nurses are expected to operate in accordance with the current standards of care. A medical professional must be able to predict outcomes based on their education and medical malpractice attorney experience.

Damages

In medical malpractice cases, courts will be hearing about financial compensations to pay compensation to injured patients. These damages may include future and past medical malpractice lawsuit bills, lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some instances punitive damages can also be awarded. These are reserved for the most egregious actions that society has an interest in preventing.

A medical malpractice claim typically begins with the filing of a civil summons or complaint in the court. Then, the parties engage in discovery, which is a process in which the plaintiff and defendants disclose statements under swearing. This could involve requesting the exchange of documents, such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is essential to prove that the physician was legally obligated to provide care and treatment to the patient. The second element is that the doctor breached this obligation by failing to follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice must be filed) vary from state to the 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.