What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient who complains of carelessness by a healthcare worker. The patient, or or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. To win a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal action in any legal matter, the plaintiff must show that another person or entity had a responsibility to them under a duty of care, and they failed to fulfill this obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standards of treatment. This is usually determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then prove that a physician deviated from these standards in their treatment of the patient. A plaintiff's attorney for medical malpractice has to prove that this deviation caused the victim's injuries.

Expert testimony is vital, as jurors are often not familiar with anatomy and have watched a lot medical dramas. In the case of medical malpractice it is crucial because it can be difficult to establish the standard of care. In the context of a medical malpractice case the standard of care is referred to the skill level in the treatment, its quality and the degree of diligence shown by other physicians in similar specialties in similar situations.

Experts in medical malpractice cases are usually surgeons or doctors who have the same training and accreditation. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not testify against one another), it can be difficult to locate an expert with the right qualifications to testify against a colleague regarding poor care.

Breach of duty

If a doctor makes an error which harms the patient, it is considered medical malpractice. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. A competent medical malpractice lawyer will examine your case to determine if a physician has violated their obligation to you.

Your attorney will establish the relationship was between a doctor and Medical Malpractice Lawyer patient you and your doctor, which is required for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar backgrounds, training and geographical location is in place.

Physicians have a responsibility to their patients to follow these standards without deviation or omission. A breach of duty implies that the doctor did not meet your expectations and resulted in injury.

Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions were not in accordance with the standards of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans, and prescriptions to build solid evidence that the breach of duty by your doctor Medical Malpractice Lawyer directly caused your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can exacerbate those risks. To prove the causation of a malpractice claim the injured person must prove a direct connection between the negligence alleged and the injury. In the majority of cases, expert testimony is required and the assistance of a medical malpractice lawyer.

Medical errors could include the misdiagnosis of serious ailments or illnesses. A doctor's failure to diagnose cancer, or any other condition may have serious implications for a patient. In this situation the patient could suffer unnecessary suffering and even death. By failing to diagnose the problem correctly the doctor could have committed a lapse of judgment.

Proving that a hospital or doctor did not treat you properly can be difficult and time-consuming. Evidence could come from a variety of sources, including medical records, test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists working in medical centers are expected to adhere to current standards of care. This means that medical professionals must be able of predicting the outcomes from their skills and education.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages that are intended to compensate the patient who was injured. These damages can include future or past medical bills or wages lost in the event of pain and discomfort disfigurement, or loss of enjoyment living. In certain cases the punitive damages may be awarded. These are reserved for particularly serious behaviour that society has an interest in preventing.

A medical malpractice lawsuit begins with the filing in the court of an administrative summons. The parties follow up with discovery. It is a process where the plaintiff and defendants are required to give testimony under oath. This can include requesting the exchange of documents like medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

In a claim for medical malpractice it is vital to establish that the doctor was legally bound to provide medical treatment and care to the patient. The other element to prove is that the doctor acted in breach of that duty by failing to follow the medical standard of care. The third factor is that the breach resulted in injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice has to be filed) vary from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice took place.