What Is a Medical Malpractice Claim?

A medical malpractice case is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence led to injury or harm.

In general, lawsuits alleging medical negligence are filed in state court. To prevail in a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal action, the plaintiff has to demonstrate that a third party or entity was liable to them for a duty of care and failed to fulfill this duty. In the case of medical negligence, it is the duty of medical professionals to provide the highest quality of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can help determine the appropriate medical standards. They then prove that a physician violated the standards in their treatment of the patient. A plaintiff's attorney for medical malpractice must then demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential, as most jurors do not have a good understanding of anatomy and watch many medical dramas. In the case of medical malpractice it is crucial because it can be difficult to establish the standards of care. In a case of medical malpractice, the standard refers to the level of skill in the field, the quality of care provided and the degree of diligence that other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons 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 not to be able to testify against each other), it can be challenging to find a qualified expert willing to be a witness against a colleague for poor care.

Breach of duty

Medical malpractice happens when a doctor makes a mistake that hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove due to complicated laws and issues. A competent medical malpractice lawyer will examine your case to determine if the doctor has violated their obligation to you.

Your attorney will establish that the relationship was between a doctor and patient you and your physician which is required for any malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they meet what is referred to as the standard of care for doctors of similar training, background and geographical location in your state.

Physicians have a responsibility to their patients to adhere to these standards, without deviation or omission. A breach of that duty means that the doctor medical malpractice lawyer was not able to meet those standards and resulted in harm to you.

It is simple to prove that there was a breach of duty with the assistance of expert witnesses and your attorney's investigation. Expert witnesses can testify to why the doctor's actions did or did not meet the standard of care and explain how another medical professional in similar circumstances would have different actions. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans, and prescriptions to build an argument that the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove causality, the injured patient must prove an unambiguous connection between the alleged negligence of a medical professional and their injury. In many instances, expert testimony is required as well as assistance of an attorney for medical malpractice.

For instance, misdiagnosing an illness or illness is a frequent medical malpractice attorneys error. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this case the patient may suffer excessive pain or even end up dying. If the doctor failed to diagnose the condition correctly, the doctor may have committed a mistake.

Finding out if your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. Evidence can come from a number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can help you obtain and interpret this evidence, as well as assist you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. Contrary to receptionists at medical facilities nurses and doctors must act in accordance with the current standards of care. A medical professional should be able to anticipate the consequences of his or their education and experience.

Damages

In medical malpractice cases, the courts will consider monetary settlements intended to pay compensation to injured patients. These damages could include past or future medical bills, loss of wages, pain and discomfort, disfigurement or loss of enjoyment of living. Punitive damages are awarded in a few cases. These are reserved for egregious acts that society wants to deter.

A medical malpractice lawsuit begins with the filing in the court of an administrative summons. The parties then engage in discovery, a procedure where the plaintiffs and defendants disclose statements under oath. This may include the exchange of documents like medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case it is vital to prove that the physician was legally bound to provide treatment and care to the patient. The second is that the doctor violated this obligation by not adhering to the medical standards of practice. The third factor is that the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally-defined period within which a medical negligence 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.