What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by patients who complain about the carelessness of a healthcare professional. The patient, or or his estate in the event of a deceased patient, must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. In order to win a lawsuit the aggrieved party has to demonstrate four legal elements:

Duty of care

In any legal action in any legal matter, the plaintiff must demonstrate that an individual or entity had a responsibility to them under a duty of care and then failed to perform this obligation. In medical malpractice cases, medical malpractice attorney this involves a physician's duty to provide their patients with the appropriate standards of medical care. Expert testimony is typically used to determine this.

Expert witnesses help to determine the appropriate medical standards and then explain how a doctor violated the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly at fault for the injury suffered by the victim.

Using expert testimony is essential since jurors typically are not aware of anatomy and watch many medical dramas. In the case of medical malpractice it is crucial since it can be difficult to establish the standard of care. In the context of a medical malpractice claim, the standard of care refers to the skill level as well as the quality of treatment and degree of diligence possessed by other physicians in similar specialties in similar situations.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and certification. It is often difficult to locate an expert willing to testify regarding substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor medical malpractice attorney makes an error that hurts the patient, this is considered medical malpractice. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove due to complicated laws and concerns. A good medical malpractice attorney will evaluate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required for any malpractice claim. Your attorney will look into your physician's decisions and actions to determine whether the standards of care in your state for doctors who have similar training, background, and geographic location is in place.

Physicians must follow the guidelines established by their patients without omission or deviation. A breach of duty implies that the doctor did not meet your expectations, and this has caused injury to you.

Proving the breach of duty generally straightforward with the aid of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standard of medical treatment and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans and prescriptions to make solid evidence that the breach of duty committed by your physician directly caused your injuries.

Causation

The majority of treatments carry a degree of risk, however medical malpractice lawsuits errors can increase those risks. To prove the causality, the injured patient must demonstrate that there is a direct link between the alleged negligence of the doctor and their injuries. In many instances, this requires expert testimony and the help of a medical malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a common medical error. If the doctor fails to identify cancer or another illness it could result in severe consequences for the patient. In this case, the patient may experience unnecessary suffering and even death. By failing to diagnose the condition properly the doctor could have committed a lapse of judgment.

Proving that a hospital or doctor did not treat you properly is a lengthy and difficult process. The evidence you require could be from numerous sources, including medical records and test results as along with expert testimony from witnesses and oral depositions. Your lawyer can help you with obtaining and interpreting this evidence, as well as assisting you during the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. Contrary to receptionists at medical facilities, doctors and nurses are expected to operate in accordance with prevailing standards of care. This means that medical professionals should be able to foresee consequences in light of their expertise and knowledge.

Damages

In medical malpractice cases, the courts will consider monetary compensations to pay injured patients. These damages may include future and past medical bills, lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages may be granted in certain cases. These are awarded only to the most egregious of actions that society would like to deter.

A medical malpractice lawsuit typically begins with the filing a civil summons as well as a complaint in the court. The parties will then proceed to discovery. This is that requires both parties to take oaths to make statements. This can 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.

One of the first elements to establish in a medical malpractice case is that the doctor had the legal obligation to provide care and treatment to the patient. The second element to prove is that the doctor breached the obligation by failing to follow the medical standard of care. The third element is whether the breach resulted in harm to the patient.

It is important to remember that the statute of limitations (the legally defined time 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 occurred.