What Is a Medical Malpractice Claim?

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

In general, lawsuits that claim medical negligence are filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements in order to win the case:

Duty of care

In any legal action the plaintiff must demonstrate that an individual or entity was liable to them for a duty of care, and they failed to meet that duty. In medical malpractice cases, this involves a physician's duty to provide their patients with the appropriate standards of medical care. This is typically determined through expert testimony.

Expert witnesses can help determine the proper standards for medical treatment and then reveal how a physician has strayed from these standards in treating a patient. A lawyer for a plaintiff's claim for medical malpractice must then prove that this deviation caused the victim's injuries.

Expert testimony is essential because jurors are usually not knowledgeable about anatomy and have watched a lot medical dramas. This is particularly important in medical malpractice cases since it is often difficult to establish a standard of care. In a medical malpractice case, the standard of care refers to the level of skill in the treatment, its quality and the degree of diligence shown by other physicians in similar areas of expertise in similar circumstances.

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

Breach of duty

Medical Malpractice law firm malpractice occurs when a doctor makes a mistake that hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be complicated issues and laws, which makes them difficult to prove. A competent medical malpractice lawyer will examine your case to determine if the doctor has breached their duty to you.

Your attorney will establish that there was a doctor-patient relationship between you and your doctor, which is a requirement for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine whether they complied with what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians are required to follow the standards that are set by their patients without deviation or omission. A breach of duty means that the doctor Medical Malpractice Law Firm failed to meet your expectations and resulted in injury.

It is simple to establish that there was a breach of duty by using experts and your attorney's research. Experts can prove that the doctor's actions weren't in line with the standard of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to make an argument that the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation in a malpractice claim, an injured patient must establish a direct link between the alleged negligence and their injury. In many instances, expert testimony is required, along with assistance of a medical malpractice attorney.

For example, misdiagnosing an illness or illness is a frequent medical error. A doctor's failure to diagnose cancer or any other medical condition, can have serious consequences for patients. In this situation the patient may suffer unnecessarily pain and may even end up dying. The doctor could have committed malpractice by not diagnosing the issue properly.

Proving that your doctor, or hospital was negligent in the treatment you received is a lengthy and difficult process. The evidence required could come from many sources, including medical reports and test results as and expert witness testimony and oral depositions. An attorney can help you find and interpret this evidence, and also represent you during the deposition process.

It is important to note that only healthcare professionals are liable for malpractice. Doctors and nurses, unlike receptionists in medical centers, are expected to follow the current standards of medical care. Medical professionals should be able of predicting consequences based on his or qualifications and education.

Damages

In medical malpractice cases, courts will be hearing about financial compensations to compensate injured patients. The damages may include future or past medical bills, loss of wages in the event of pain and discomfort disfigurement or loss of enjoyment of living. Punitive damages may be awarded in a few cases. They are only awarded to the most egregious of actions that society would like to deter.

A medical malpractice case begins by filing in court of a civil summons. Then, the parties engage in discovery, a procedure where the plaintiffs and defendants make statements under oath. This can include requesting the exchange of documents such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case, it is important to prove that the doctor was legally bound to provide medical treatment and care to the patient. The second element is that the doctor violated that duty by not adhering to the medical standard of care. The third element is that the breach caused injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) vary from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.