What Is a Medical Malpractice Claim?

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

Lawsuits alleging medical malpractice are typically filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal case, the plaintiff has to demonstrate that an individual or entity owed them a duty of care and then failed to fulfill this obligation. In medical malpractice cases this is the physician's duty to provide their patients with the right standard of medical care. This is usually determined by expert testimony.

Expert witnesses help determine the appropriate medical standards. They then explain how a doctor was not following these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injury.

Expert testimony is crucial because jurors are usually not knowledgeable about anatomy and have seen a variety of medical dramas. This is particularly important in medical malpractice claims as it can be difficult to establish a minimum standard of care. In the context of a medical malpractice case the standard of care refers to the level of expertise 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 fellow physicians or surgeons who have the same training and certification. It is often difficult to locate an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor makes an error that hurts the patient, it is medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. A good medical malpractice attorney will investigate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor/patient relationship between you and your physician which is essential for any malpractice claim. Your attorney will examine the decisions and actions of your physician to determine whether the standards of care in your state for doctors with similar backgrounds, training, and geographic location is in place.

Doctors are required to follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor did not meet your expectations and caused you injury.

Proving the breach of duty usually simple with the help of the research of your attorney and expert witnesses. Those experts can testify as to the reasons why the doctor's actions do not meet the standard of care and then explain how a medical professional in similar circumstances might have acted differently. 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 by your doctor directly led to your injuries.

Causation

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

For instance, a mistake in diagnosing an illness or illness is a common medical malpractice lawsuit error. A doctor's inability to recognize cancer, or any other condition, can have serious consequences for patients. In this scenario the patient could suffer unnecessary suffering and even death. In failing to recognize the condition properly the doctor could have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in treating you can be a long and complicated process. The evidence needed may include various sources, including medical malpractice law firm reports and test results as along with expert witness testimony and oral depositions. Your attorney can assist you in obtaining and understanding this evidence, as being your advocate during the process of depositions.

It is important to keep in mind that only a healthcare professional is liable for malpractice. Contrary to receptionists at medical facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. Medical professionals should be able to predict consequences based on his or their education and experience.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages intended to compensate the injured patient. These types of damages can include future and past medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. In some cases, punitive damages may also be awarded; these are awarded to those who have committed particularly indecent behaviour that society has an interest in stopping.

A medical malpractice case starts by filing in court of an administrative summons. The parties follow up with discovery. It is a process which requires the plaintiff and defendants to give statements under oath. This may include seeking medical records or other documents, taking depositions of parties involved in a lawsuit and interviewing witnesses.

In a claim for medical malpractice it is crucial to prove that the doctor was legally obligated to provide treatment and medical care to the patient. The second element is that the doctor breached this duty by failing to adhere the medical standard of care. The third aspect is that the breach caused harm 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 month (30 months) following the date of the medical malpractice.