What Is a Medical Malpractice Claim?

A medical malpractice case is brought by patients who complain about the carelessness of a healthcare professional. The patient (or his or her estate in the event of death) must show that the negligence led to injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. The patient who is affronted must prove four legal elements in order to win a case:

Duty of care

In any legal matter in any legal matter, the plaintiff must demonstrate that a third party or entity had a legal obligation to care, and they failed to meet that duty. In the case of medical malpractice it is a doctor's duty to provide their patients with the appropriate standard of treatment. This is typically determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then prove that a physician was not following the guidelines in their treatment of the patient. A lawyer for a plaintiff's claim for medical malpractice needs to prove that this deviation caused the victim's injuries.

Expert testimony is vital as jurors are typically not familiar with anatomy and have watched a number of medical dramas. This is especially relevant in medical malpractice cases as it isn't easy to establish a minimum standard of care. In a medical malpractice case the standard of care is referred to the degree of skill of the practitioner, the quality of treatment, and the level of dedication possessed by other doctors in comparable areas of expertise in similar circumstances.

Generally, experts in medical malpractice cases are fellow surgeons or doctors with similar qualifications and board certifications. It isn't easy to locate an expert willing to testify about substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error which harms the patient, this is broken arrow medical malpractice attorney malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be complicated issues and laws, making them difficult to prove. However, a reputable medical malpractice lawyer will examine the facts of your case and determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required to prove a malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they met what is known as the standard of care for doctors with similar education, background and medical malpractice attorney geographical location in your state.

Doctors owe it to their patients to observe these standards without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has resulted in injury to you.

Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. These experts can testify that the doctor's actions didn't meet the standard of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans, and prescriptions to make a strong case that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the causality, the injured patient must demonstrate that there is a direct link between the negligence of the doctor and the injury. In many cases, expert testimony is required as well as assistance from a medical malpractice attorney.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another condition this could have serious consequences for the patient. In this scenario the patient could experience unnecessary pain and even end up dying. In failing to recognize the condition correctly, the doctor may have committed malpractice.

Proving that your doctor or hospital did not treat you properly is a lengthy and difficult process. Evidence could come from a variety sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can assist you in obtaining and interpreting this evidence, as representing you in the process of depositions.

It is also important to remember that only a healthcare professional is liable for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to behave in accordance with prevailing standards of care. That means that medical professionals must be able to predict the effects depending on their experience and education.

Damages

In medical malpractice cases, judges will hear about monetary settlements intended to pay compensation to injured patients. These types of damages can include future and past medical bills, Medical malpractice Attorney lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages are awarded in a few cases. These are awarded only to egregious acts that society wants to discourage.

A medical malpractice case begins with the filing in court of a civil summons. Then, the parties will engage in discovery, a process that requires the plaintiff and defendants are required to make disclosures under swearing. This can include requesting documents like medical records and depositions of the parties involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the physician had an obligation under law to provide care and treatment to the patient. The second aspect is that the doctor violated this obligation by failing to follow the standard of medical practice. The third aspect is that the breach caused harm to the patient.

It is important to remember that the statute of limitations (the legally defined time period within which a medical malpractice 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 when the underlying incident of medical malpractice occurred.