What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the negligence of a healthcare worker. The patient, or or estate in the instance of a deceased patient must prove that the negligence caused injury or harm.

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

Duty of care

To prove a legal claim, the plaintiff must demonstrate that they was legally obligated to perform a duty by a third party and that they failed to perform the obligation. In the case of medical malpractice, it is the obligation of medical professionals to provide the right standard of care for their patients. This is typically determined through expert testimony.

Expert witnesses assist in determining the appropriate medical standards. They then explain how a doctor deviated from the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injury.

Expert testimony is crucial, as most jurors are not aware of anatomy and watch a lot of medical dramas. This is particularly important in medical malpractice claims as it is difficult to establish a minimum standard of care. In the context of medical malpractice cases, the standard of care refers to the level of expertise as well as the quality of treatment and the level of dedication possessed by other doctors in comparable areas of expertise in similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors with similar training and medical malpractice law Firm certification. 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 can be challenging to find an expert with the qualifications to provide evidence against a colleague in relation to the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes an error that hurts the patient. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. A good medical malpractice attorney will investigate your case to determine if a doctor has breached their duty to you.

Your attorney will establish a doctor-patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they met what is referred to as the standard of care for doctors with similar backgrounds, training and medical malpractice law Firm geographic location in your state.

Physicians owe a duty to their patients to follow these standards, without deviation or omission. In breach of this duty, the doctor failed to meet the expectations of his patients and resulted in harm to you.

Proving the breach of duty usually simple with the help of your attorney's research and expert witnesses. Those experts can testify as to why the doctor's actions did or did not meet the standards of medical care and explain how another medical professional in similar circumstances might have different actions. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records tests, prescriptions, test results and imaging scans to make an argument that proves the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase those dangers. To prove causality in a malpractice case the injured person must demonstrate a direct link between the negligence alleged and their injury. In many instances, this requires expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors could include, for example, misdiagnosing serious diseases or conditions. If a doctor fails to diagnose cancer or another disease it could result in severe consequences for the patient. In this case the patient could suffer unneeded suffering, or even death. The doctor could have committed malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in the treatment you received isn't easy and takes a lot of time. Evidence may come from a variety sources, such as medical malpractice lawsuits records tests, medical records, expert witness testimony and depositions. An attorney can help you find and interpret the evidence and also assist you during the deposition process.

It is crucial to remember that only healthcare professionals can be sued for negligence. In contrast to receptionists in medical centers nurses and doctors must act in accordance with prevailing standards of care. This means that medical professionals should be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice cases, the courts will consider monetary compensations that are meant to help injured patients. These damages can include future or past medical bills or wages lost, pain and discomfort, disfigurement or loss of enjoyment living. Punitive damages can be awarded in a few cases. They are reserved for the most egregious of actions that society would like to deter.

A medical malpractice case starts with the filing in court of a civil summons. The parties follow up with discovery. This is a process where the plaintiff and defendants take oaths to make statements. This could include requesting documents like Medical Malpractice Law Firm records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

One of the first elements to prove in a medical negligence case is that the doctor was under the legal obligation of providing medical care and treatment to the patient. The second element to establish is that the doctor did not fulfill the obligation by failing to adhere to the medical standard of care. The third factor is whether the breach caused harm to the patient.

It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) differ from state states. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.