What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the negligence of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

Medical malpractice lawsuits are usually 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, the plaintiff has to show that another person or entity was liable to them for a duty of care and failed to fulfill this obligation. In medical malpractice cases this is the duty of a doctor to provide the right level of care to their patients. Expert testimony is typically used to establish this.

Expert witnesses can help determine the proper medical standards and then show how a doctor did not follow the standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice must then demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential, as jurors are often not familiar with anatomy and have watched a lot medical dramas. This is particularly important when it comes to medical malpractice claims, as it isn't easy to establish a minimum standard of care. In medical malpractice cases, the standard of care is referred to the skill level of the practitioner, the quality of treatment, and the level of diligence displayed by other doctors with similar specialties in similar situations.

Experts in medical malpractice cases are typically surgeons or physicians who have similar training and accreditation. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not speak against one another) it isn't easy to find an expert with the right qualifications to testify against a colleague regarding inadequate care.

Breach of duty

If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove because they involve complicated laws and concerns. However, a qualified medical malpractice lawyer will analyze the facts of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your physician that is required for Medical Malpractice Lawyers any malpractice claim. Your attorney will also review your doctor's actions and decisions to determine if they complied with what is known as the standard of care for doctors with similar backgrounds, training and geographical location in your state.

Doctors are required to follow the guidelines that their patients have set without deviation or omission. A breach of duty means that the doctor didn't meet your expectations, and this has resulted in injury to you.

It is easy to prove a breach of duties by using experts and your attorney's research. Experts can testify to why the doctor's actions did or did not conform to the standards of care and describe how a different medical professional in similar circumstances might have different actions. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to create a solid case that the breach of duty by your doctor directly caused your injuries.

Causation

Medical mistakes can increase the risk of many treatments. To prove the cause of malpractice in a claim an injured patient must demonstrate a direct link between the negligence alleged and the injury. In many instances, expert testimony is required and the assistance from an attorney who specializes in medical malpractice.

For example, not diagnosing an illness or illness is a frequent medical error. The failure of a doctor to recognize cancer, or any other condition can have severe consequences for a patient. In this situation the patient could suffer unnecessary suffering and even death. If the doctor failed to diagnose the problem correctly the doctor could have committed a mistake.

Proving that a doctor or hospital did not treat you properly can be a long and tedious process. Evidence may come from a number of sources, including medical records, test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding this evidence, as well as representing you in the process of depositions.

It is also important to know that only healthcare professionals can be sued for misconduct. Unlike receptionists at medical malpractice lawyers centers nurses and doctors are expected to act in accordance with prevailing standards of care. This means that a medical professional must be able to foresee consequences based on their skills and education.

Damages

In medical malpractice claims the courts consider monetary damages that are intended to compensate the victim. These types of damages can include past and future medical bills, lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases the punitive damages may be awarded; these are awarded to those who have committed particularly indecent actions that society has an interest in preventing.

A medical malpractice lawyers malpractice case begins with the filing in court of a civil summons. The parties will then begin discovery. This is a procedure which requires the plaintiff and defendants to take oaths to make statements. 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 vital to establish that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect to prove is that the doctor breached that duty by failing to follow the Medical malpractice lawyers standard of care. The third aspect is whether the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally-defined time frame 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) after the date of the medical malpractice.