What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient in the event of death) must prove that the negligence led to injury or harm.

In general, lawsuits that claim medical negligence are filed in state trial court. The patient who is aggrieved must demonstrate four legal elements to win the case:

Duty of care

In order to prove a legal claim, a plaintiff has to prove that he or she was obliged to perform a task by a person or an organization and that they failed to meet the obligation. In medical malpractice cases this is the responsibility of medical professionals to provide the right quality of care to their patients. Expert testimony is usually used to establish this.

Expert witnesses can help determine the proper standards for medical practice and then demonstrate how a doctor departed from these guidelines when treating patients. A lawyer representing a plaintiff for medical malpractice must show that the deviance caused the victim's injuries.

Expert testimony is crucial because jurors are usually unfamiliar with anatomy and seen a lot of medical dramas. In medical malpractice claims, this is particularly important because it is often difficult to establish the standards of care. In a medical malpractice claim the standard refers the level of expertise and care quality, as well as degree of diligence that other physicians in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians with similar training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against one another), it can be challenging to find an expert who is qualified to provide evidence against a colleague in relation to inadequate care.

Breach of duty

If a doctor makes an error which harms the patient, it is medical malpractice. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove because they involve complex laws and issues. However, a qualified medical malpractice lawyer will examine the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your physician, which is necessary to prove a malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they meet what is referred to as the standard of care for doctors of similar training, background and geographic location in your state.

Physicians are required to follow the standards set forth by their patients without omission or deviation. A breach of duty means that the doctor did not meet your expectations and this failure caused you injury.

It is easy to prove an infraction of duty with the help of expert witnesses and your attorney's investigation. These experts can testify that the doctor's actions weren't in line with the standard of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will scrutinize your san mateo medical malpractice lawsuit records as well as test results, prescriptions and imaging scans to make an argument that proves the breach of duty committed by your physician directly led to your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove causation in a malpractice claim an injured patient must prove a direct connection between the alleged negligence and the injury. In many cases, expert witness is required, along with assistance of an attorney for medical malpractice.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. If a doctor fails to diagnose cancer or another condition this could have serious consequences for the patient. In this case the patient could suffer excessive suffering, and even die. The doctor may have committed a malpractice by not diagnosing the condition properly.

The process of proving that your doctor or hospital was negligent in treating you can be a long and complicated process. The evidence you require could be from a variety of sources, including medical reports and test results, as along with expert witness testimony and oral depositions. Your attorney can assist you in obtaining and interpreting the evidence, as well as representing you in the process of depositions.

It is crucial to remember that only healthcare professionals are liable for malpractice. As opposed to receptionists in medical facilities nurses and doctors are expected to operate according to the standards of care. Medical professionals should have the ability to predict consequences based on his or qualifications and education.

Damages

In medical malpractice cases the courts consider monetary damages intended to compensate the victim. These types of damages can include past and future tracy medical malpractice lawsuit bills and san mateo medical malpractice lawsuit lost wages, as well as disfigurement and pain and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. They are only awarded to the most egregious of actions that society would like to deter.

A medical malpractice case starts by filing in court of a civil summons. The parties then engage in discovery, which is a process in which the plaintiff and defendants will make public statements under oath. This could include 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 case of medical malpractice it is vital to establish that the doctor was legally obligated to provide medical treatment and care 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 factor is that the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs from state to state. 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.