What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient (or the estate of the patient in the event of death) must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state court. The patient who is aggrieved must demonstrate four legal elements to win the case:

Duty of care

In any legal claim, the plaintiff has to demonstrate that a third party or entity had a responsibility to them under a duty of care and failed to fulfill this obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with the proper standards of treatment. Expert testimony is usually used to establish this.

Expert witnesses help determine the appropriate medical standards. They then show how a doctor violated these standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice needs to prove that this deviation caused the victim's injuries.

Expert testimony is crucial, as most jurors have only a basic understanding of anatomy and have watched many medical dramas. This is especially important when it comes to medical malpractice claims, as it can be difficult to establish a minimum standard of care. In a medical malpractice case the standard refers to the level of skill, quality of care and level of care that other physicians in similar specialties in similar circumstances.

The majority of experts in medical malpractice law firm malpractice cases are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to testify against one another) it is often difficult to find an expert with the right qualifications to defend a colleague against sub-standard care.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims can be difficult to prove due to complicated laws and issues. However, a reputable medical malpractice lawyer will review the facts of your case and determine whether a doctor breached his or her obligation to the patient.

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

Physicians are required to follow the guidelines established by their patients without omission or deviation. Breaching that duty means the doctor was not able to meet the expectations of his patients and resulted in injury to you.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions were not in accordance with the standard of medical treatment and explain why a different medical malpractice attorney professional would have behaved differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical records and test results, Medical Malpractice Law Firms prescriptions and imaging scans in order to construct an argument that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments come with some level of risk, but medical malpractice law firms errors can exacerbate those dangers. To prove causality, the injured patient must establish an immediate connection between the alleged negligence of a doctor and their injury. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

Medical errors can be the misdiagnosis of serious diseases or conditions. A doctor's inability to recognize cancer, or any other condition, can have serious consequences for a patient. In this instance the patient may suffer unnecessarily pain and may even die. The doctor could be negligent for not diagnosing the problem properly.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. Evidence may come from a variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you find and interpret the evidence as well as represent you during the deposition process.

It is crucial to remember that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists in medical centers, are expected to follow the current standards of treatment. That means that medical professionals must be able of predicting the outcomes based on their skills and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages intended to compensate the injured patient. The damages may include past or future medical bills as well as loss of earnings in the event of pain and discomfort disfigurement, or loss of enjoyment of living. In certain cases the punitive damages may be awarded. These are reserved for the most egregious behavior that society is interested in deterring.

A medical malpractice lawsuit typically begins with the filing of an civil summons and complaint in court. The parties then proceed to discovery. It is a process which requires the plaintiff and defendants to make statements under oath. This may include 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 case of medical malpractice it is essential to establish that the doctor was legally obligated to provide treatment and care to the patient. The second element is that the doctor breached his duty by failing to adhere the medical standard of practice. The third element is that the breach resulted in harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which a lawsuit 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 when the underlying incident of medical malpractice took place.