What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient who complains of negligence by a healthcare worker. The patient (or his or her estate should the patient die) must show that the negligence resulted in injury or harm.

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

Duty of care

In any legal claim, the plaintiff has to prove that a person or entity was liable to them for a duty of care and failed to meet that duty. In medical malpractice cases, Medical Malpractice Lawyer it is the obligation of a doctor to provide the appropriate standard of care for their patients. This is typically determined through expert testimony.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a doctor departed from these standards when treating the patient. A lawyer representing a plaintiff for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have watched a number of medical dramas. This is especially important in medical malpractice cases since it can be difficult to establish a minimum standard of care. In a medical malpractice claim, the standard of care is referred to the level of skill as well as the quality of treatment and degree of diligence possessed by other doctors with similar specialties in similar situations.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against each other), it can be difficult to locate a qualified expert willing to testify against a colleague regarding the care that is not up to par.

Breach of duty

If a doctor makes an error which harms the patient, it is medical malpractice. These errors can cause new injuries or worsen existing ones. medical malpractice attorney malpractice claims can be difficult to prove since they are based on complicated laws and concerns. However, a good medical malpractice lawyer will look into the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is a requirement for any malpractice claim. Your attorney will examine your physician's decisions and actions to determine whether the standard of care in your state for doctors with similar backgrounds, training, and geographic location is satisfied.

Physicians have a duty to follow the standards established by their patients without deviation or omission. A breach of duty means that the doctor did not meet your expectations and this failure caused you injury.

Proving a breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions did not meet the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, test and prescription results, imaging scans and prescriptions in order to build a strong case that the breach of duty committed by your doctor directly led to your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can increase the dangers. To prove causation in a malpractice claim an injured patient must establish a direct link between the negligence alleged and their injuries. In many instances, expert testimony is required as well as assistance of an attorney for medical malpractice.

For example, misdiagnosing a condition or a serious illness is a common error. 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 the absence of diagnosing the condition properly, the doctor may have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in their treatment of you can be complicated and time-consuming. The evidence you require could be from a variety of sources, including medical records and test results as along with expert witness testimony and oral depositions. Your attorney can help you obtain and interpret this evidence as well as represent you during the deposition process.

It is also important to remember that only a healthcare professional can be sued for misconduct. Nurses and doctors, in contrast to receptionists at medical centers, are expected to adhere to current standards of care. That means that a medical professional must be able to foresee consequences depending on their experience and education.

Damages

In medical malpractice cases, judges will hear about monetary compensations designed to compensate injured patients. The damages may include the cost of medical bills in the past or in the future and lost wages, pain and discomfort, disfigurement or loss of enjoyment living. Punitive damages are awarded in a few cases. These are awarded only to the most egregious of actions that society would like to discourage.

A medical malpractice lawsuit typically begins with the filing an civil summons and complaint in the court. The parties follow up with discovery. This is a procedure that requires both parties to make statements under oath. This may include requesting documents like medical records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor owed an obligation under law to provide care and treatment to the patient. The second aspect is that the doctor breached his obligation by failing to follow the medical standard of care. The third element is whether the breach resulted in injury to the patient.

It is vital to note that the statute of limitations (the legally defined time period within which a medical malpractice lawyers 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 the date that the underlying cause of medical malpractice took place.