What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient claiming the negligence of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.

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

Duty of care

In any legal case the plaintiff must prove that a person or entity owed them a duty of care and failed to perform this duty. In the case of medical negligence, it is the duty of medical malpractice attorneys professionals to provide the highest standard of care to their patients. This is usually determined through expert testimony.

Expert witnesses can help determine appropriate standards of medical treatment and medical Malpractice Attorney then reveal how a doctor has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital since jurors are often not knowledgeable about anatomy and have seen a variety of medical dramas. This is particularly relevant in medical malpractice claims as it can be difficult to establish a proper standard of care. In a case of medical malpractice the standard refers to the level of competence and care quality, as well as level of diligence that other doctors in similar specialties possess in similar circumstances.

The majority of experts in medical malpractice claims are surgeons or physicians with similar qualifications and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) It can be difficult to locate an expert who is qualified to provide evidence against a colleague in relation to sub-standard care.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove because they involve complicated laws and concerns. A good medical malpractice attorney will evaluate your case to determine if a physician has violated their obligation to you.

Your attorney will prove that a doctor-patient relationship existed between you and your doctor, which is required for any malpractice claim. Your attorney will scrutinize your physician's decisions and actions to determine the level of care in your state for doctors with similar training, experience and geographical location is fulfilled.

Physicians have a duty to follow the standards that are set by their patients without deviation or omission. In breach of this duty, the doctor did not meet those expectations and that failure resulted in injury to you.

It is simple to establish that there was a breach of duty with the help of experts and your attorney's investigation. Experts can testify to the reasons why the doctor's actions did not meet the standards of care and describe how a different medical professional in similar circumstances would have acted differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will review your medical records and test results, prescriptions and imaging scans to create an argument that proves your physician's breach of duty directly contributed to your injuries.

Causation

Most treatments come with some level of risk, but medical errors can increase those dangers. To prove causation, the patient must establish that there is a direct link between the alleged negligence of the doctor and their injuries. In many cases, expert witness is required along with the assistance of a medical malpractice attorney.

Medical errors can include the misdiagnosis of serious diseases or conditions. A doctor's inability to recognize cancer or other conditions could have grave consequences for patients. In this situation the patient could suffer inexpensive suffering and possibly even death. The doctor may have committed a mistake by not diagnosing the condition properly.

Proving that a medical professional or hospital has treated you in a negligent manner is a lengthy and difficult process. The evidence required could come from a variety of sources, including medical reports and test results as in addition to expert witness testimony and oral depositions. An attorney can help you obtain and interpret the evidence, and also represent you during the deposition process.

It is also important to remember that only a healthcare professional is liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to act in accordance with the current standards of care. Medical professionals should have the ability to predict the outcome based on their education and experience.

Damages

In medical malpractice cases, the courts will hear about monetary settlements intended to help injured patients. These types of damages can include past and future medical bills as well as lost wages, disfigurement, pain and suffering and loss of enjoyment of life. Punitive damages are awarded in certain circumstances. They are only awarded to egregious acts that society wants to deter.

A medical malpractice case starts with the filing in the court of an administrative summons. Then, the parties will engage in discovery, a procedure that requires the plaintiff and defendants will make public statements under an oath. This could involve requesting documents like medical records taking depositions of those who are involved in a lawsuit and interviewing witnesses.

In a medical malpractice claim, it is important to prove that the physician was legally obligated to provide care and treatment to the patient. The second part is that the doctor breached this obligation by failing to follow the medical standards of practice. The third aspect is that the breach resulted in injury to the patient.

It is vital to note that the statute of limitations (the legally prescribed period 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 months (30 months) after the date of the medical malpractice.