What Is a Medical Malpractice Claim?

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

Legal actions claiming medical malpractice are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal aspects to win a case:

Duty of care

In any legal matter, the plaintiff needs to prove that a person or entity had a legal obligation to care and failed to fulfill this duty. In medical malpractice cases this is the physician's duty to provide their patients with the right standards of medical care. Expert testimony is typically used to establish this.

Expert witnesses help to determine the appropriate medical standards. They then demonstrate how a doctor was not following these standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice must prove that this deviation caused the victim's injuries.

Expert testimony is essential as jurors are typically not knowledgeable about anatomy and have watched a number of medical dramas. In medical malpractice claims it is crucial because it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers the level of skill in the field, the quality of care provided and the level of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

The majority of experts in medical malpractice claims are fellow surgeons or medical malpractice Lawsuit doctors with similar qualifications and board certifications. It isn't easy to find an expert willing to testify against substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and issues. However, a skilled medical malpractice lawyer will look into the circumstances of your case and determine if a doctor violated his or her obligation to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your physician, which is a requirement for any malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors of similar training, experience and geographic location in your state.

Physicians have a responsibility to their patients to abide by these standards, without deviation or omission. Breaching that duty means the doctor did not fulfill the expectations of his patients and resulted in injury to you.

It is simple to establish the breach of duty by using experts and your attorney's investigation. Those experts can testify as to the reasons why the doctor's actions did not meet the standard of care and also explain why a different medical professional in similar circumstances would have performed differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans in order to construct a solid case that the breach of duty of your physician directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can increase those dangers. In order to prove causation, an injured patient must demonstrate an immediate connection between the negligence of the doctor and their injuries. In many instances, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

For example, not diagnosing a condition or a serious illness is a common medical error. A doctor's failure to diagnose cancer, or any other condition can have severe consequences for a patient. In this scenario the patient could suffer unneeded suffering, or even death. In the absence of diagnosing the condition correctly the doctor could have committed malpractice.

Proving that your doctor, or hospital was negligent in their treatment of you is a lengthy and difficult process. Evidence may come from a number of sources, including medical malpractice lawyer records, test results, expert witness testimony and depositions. Your lawyer can help you with obtaining and interpreting this evidence, as well being your advocate during the process of depositions.

It is also important to remember that only a healthcare professional is liable for misconduct. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to adhere to current standards of treatment. That means that a medical professional should be able of predicting the outcomes in light of their expertise and medical malpractice lawsuit education.

Damages

In medical malpractice cases, the courts will be hearing about financial compensations to pay compensation to injured patients. These damages can include future or past medical bills or wages lost or income, pain and disfigurement or loss of enjoyment of living. Punitive damages can be awarded in certain circumstances. These are awarded only to criminal acts that society is trying to discourage.

A medical malpractice case usually begins with the filing a civil summons or complaint in court. The parties then proceed to discovery. This is a process where the plaintiff and defendants are required to give testimony under oath. This may include the exchange of documents like medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor had the legal obligation of providing healthcare and treatment to the patient. The second thing to establish is that the doctor did not fulfill this duty by failing follow the medical standard of care. The third element is that the breach resulted in injury to the patient.

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