What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient claiming negligence by a healthcare worker. The patient, or his or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. The aggrieved patient must prove four legal elements in order to win the case:

Duty of care

To prove a legal claim, the plaintiff must prove that he or she was obliged to perform a task by an individual or a company and that they failed to perform the obligation. In medical malpractice cases this is the obligation of doctors to provide the appropriate standard of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses can assist in determining appropriate standards of medicine and then show the ways in which a physician has deviated from these standards while treating patients. A plaintiff's attorney who is suing for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential because jurors generally do not have a good understanding of anatomy and watch many medical dramas. This is especially relevant in medical malpractice cases since it is difficult to establish a proper standard of care. In medical malpractice cases, the standard of care is referred to the degree of skill as well as the quality of treatment and the level of dedication possessed by other doctors with similar specialties under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have similar training and accreditation. It isn't easy to find an expert willing to testify about substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will review the facts of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish there was a doctor-patient relationship between you and your physician, which is required for any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors of similar training, experience and geographical location in your state.

Physicians must adhere to the standards that are set by their patients without deviation or omission. In breach of this duty, the doctor failed to meet these standards and resulted in injury to you.

Proving the breach of duty usually straightforward with the help of your attorney's research and expert witnesses. Experts can prove that the doctor's actions were not in accordance with the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will look over your medical records, prescription and test 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

Most treatments carry a degree of risk, but medical errors can increase the risks. To prove the cause of malpractice in a claim the injured person must establish a direct link between the alleged negligence and their injuries. In many instances, expert testimony is required, along with assistance of an attorney for medical malpractice.

For instance, misdiagnosing a condition or a serious illness is a frequent medical error. A doctor's inability to recognize cancer or other conditions can have severe consequences for a patient. In this situation, the patient may experience unnecessary suffering and even death. In the absence of diagnosing the condition correctly, the doctor may have committed a malpractice.

Proving that your doctor, or hospital did not treat you properly can be complicated and time-consuming. The evidence needed could include numerous sources, such as medical reports and test results as along with expert testimony from witnesses and oral depositions. Your lawyer can assist you in obtaining and interpreting the evidence as well being your advocate during the process of depositions.

It is important to know that only healthcare professionals are liable for malpractice. Contrary to receptionists at medical facilities nurses and doctors are expected to act according to the standards of care. This means that medical professionals should be able of predicting the outcomes based on their skills and education.

Damages

In medical malpractice cases, courts will be hearing about financial settlements intended to pay injured patients. These types of damages can include future and past medical bills, lost wages, the disfigurement caused by pain and suffering, and Medical Malpractice lawsuits loss of enjoyment of life. Punitive damages are awarded in certain circumstances. These are awarded only to those who commit crimes that society wishes to discourage.

A medical malpractice lawsuit begins by filing in court of an administrative summons. The parties then begin discovery. This is a procedure that requires both parties to take oaths to make statements. This could involve asking for medical records and depositions of the parties involved in a lawsuit, and interviewing witnesses.

One of the most important elements to prove in a medical malpractice case is that the physician had the legal obligation to provide medical care and treatment to the patient. The second aspect to prove is that the doctor acted in breach of the obligation by failing to adhere to the medical standard of care. The third aspect is whether the breach caused injury to the patient.

It is important to note that the statute of limitations (the legally-defined time frame within which a medical negligence claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.