What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or or estate in the instance of a deceased patient, must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial courts. To win a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff has to prove that he or she was legally obligated to perform a duty by another person or organization and that they failed to meet the obligation. In medical malpractice cases it is a physician's duty to provide their patients with the right standards of treatment. Expert testimony is often used to establish this.

Expert witnesses help to determine the proper medical standards and then explain how a doctor did not follow those 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 since jurors are often unfamiliar with anatomy and watched a lot medical dramas. This is particularly relevant in medical malpractice cases since it isn't easy to establish a proper standard of care. In a medical malpractice claim, 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 in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and accreditation. It isn't easy to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error which harms the patient, this is medical malpractice. These errors can cause new injuries or worsen existing ones. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will analyze the facts of your case to determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient relationship between you and your doctor which is required to prove a malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine if they meet what is referred to as the standard of care for doctors with similar education, background and geographic location in your state.

Physicians owe a duty to their patients to abide by these standards without omission or deviation. A breach of duty means that the physician did not meet your expectations and resulted in injury to you.

It is easy to prove an infraction of duty by using experts and your attorney's research. Experts can testify that the doctor's actions didn't meet the standard of medical treatment and explain why another medical malpractice lawyers (Highly recommended Resource site) professional would have acted differently in similar circumstances. Your lawyer must also be able to link the breach of duty to 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 errors can increase the dangers of many treatments. To prove the causation of a malpractice claim, an injured patient must establish a direct connection between the negligence alleged and the injury. In many cases, expert testimony is required along with the assistance from a medical malpractice attorney.

Medical errors can include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another illness it could result in severe consequences for the patient. In this case the patient may suffer in pain that is not needed and could even die. The doctor may have committed malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in the treatment you received is a lengthy and difficult process. Evidence may come from a range of sources, such as medical records or test results, Medical malpractice lawyers expert witness testimony and depositions. Your attorney can assist you obtain and interpret this evidence, as well as assist you during the deposition process.

It is also important to know that only healthcare professionals is liable for misconduct. Nurses and doctors, as opposed to receptionists working in medical centers are expected to adhere to current standards of treatment. A medical professional must be able of predicting the consequences of his or his education and expertise.

Damages

In medical malpractice lawsuits, courts hear about monetary damages that are designed to compensate the patient who was injured. These types of damages can include past and future medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. In some instances the punitive damages may be awarded. These are reserved for the most egregious actions that society is interested in deterring.

A medical malpractice case begins by filing in court of an administrative summons. The parties then proceed to discovery. This is in which the defendant and plaintiff take oaths to make statements. This can include requesting the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is essential to establish that the doctor was legally bound to provide treatment and medical care to the patient. The second element to prove is that the doctor acted in breach of the duty by failing to adhere to the medical standard of care. The third element is whether the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ from state states. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.