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 the estate of the patient in the event of death) must show that the negligence resulted in injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements to prevail in the case:

Duty of care

In any legal claim, the plaintiff needs to demonstrate that an individual or entity owed them a duty of care, and they failed to perform this obligation. In the case of medical malpractice it is a doctor's duty to provide their patients with a proper standards of medical care. This is usually determined through expert testimony.

Expert witnesses help determine the appropriate medical standards. They then show how a doctor was not following these standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice must then show that the deviance caused the victim's injuries.

Expert testimony is crucial, as jurors are often unfamiliar with anatomy and watched a lot medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the appropriate standard of care. In a medical malpractice claim the standard refers the level of skill quality of care, as well as the level of care that other doctors in similar specialties can demonstrate under similar circumstances.

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

Breach of duty

If a doctor makes an error that causes harm to the patient, this is considered medical malpractice. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. A competent medical malpractice lawyer will review your case to determine if the doctor has breached their duty to you.

Your attorney will establish a doctor-patient connection between you and your physician which is required to prove a malpractice claim. Your attorney will review your doctor's actions and decisions to determine if the standard of care in your state for doctors who have similar training, experience, and medical malpractice lawsuits geographic location is satisfied.

Physicians have a responsibility to their patients to observe these guidelines without deviation or omission. A breach of duty implies that the doctor did not meet your expectations, and this has caused you injury.

Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions do not meet the standards of care and then explain how a medical professional in similar circumstances would have different actions. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans and prescriptions to build an argument that the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove causation in a malpractice claim an injured patient must demonstrate a direct link between the alleged negligence and their injuries. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious diseases or conditions. If doctors fail to recognize cancer or another condition this could have serious consequences for the patient. In this situation the patient could experience unnecessary pain and even die. In failing to recognize the condition properly the doctor could have committed a mistake.

Proving that a medical professional or hospital failed to treat you appropriately isn't easy and takes a lot of time. The evidence needed could include various sources, such as medical malpractice attorney records and test results, as in addition to expert witness testimony and oral depositions. Your attorney can assist in obtaining and interpreting this evidence, as well representing you in the process of depositions.

It is also important to note that only healthcare professionals can be sued for malpractice. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of treatment. Medical professionals should have the ability to predict consequences based on his or his education and expertise.

Damages

In medical malpractice cases, judges will hear about monetary compensations designed to help injured patients. These damages could include past and future medical bills, lost wages, disfigurement, pain and Medical malpractice lawsuits suffering, and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. These are reserved for those who commit crimes that society wishes to discourage.

A medical malpractice case begins by filing in court of an administrative summons. The parties then engage in discovery, which is a process through which the plaintiff and defendants are required to make disclosures under the oath. This could involve seeking medical records or other documents and depositions of the parties involved in a lawsuit and interviewing witnesses.

In a case of medical malpractice, it is important to prove that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect to establish is that the doctor did not fulfill this duty by failing adhere to the medical standard of care. The third element is whether the breach caused injury 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 which the underlying act of medical malpractice occurred.