What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about carelessness by a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial courts. The patient who is aggrieved must demonstrate four legal aspects to win a case:

Duty of care

In any legal case, the plaintiff has to demonstrate that a third party or entity had a responsibility to them under a duty of care and then failed to perform this obligation. In the case of medical malpractice this is the physician's obligation to provide their patients with the appropriate standards of medical care. Expert testimony is often used to establish this.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain the ways in which a physician has deviated from these guidelines when treating the patient. A plaintiff's attorney who is suing for medical malpractice needs to show that the deviance caused the victim's injuries.

Expert testimony is essential, as jurors are often not familiar with anatomy and have watched a lot medical dramas. This is especially relevant in medical malpractice claims as it isn't easy to establish a minimum standard of care. In a medical malpractice claim the standard refers to the level of expertise in the field, the quality of care provided and the degree of diligence other doctors in similar specialties have under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and accreditation. It is often difficult to locate an expert willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove because they involve complicated laws and issues. However, a skilled medical malpractice lawyer will look into the facts of your case to determine if a doctor violated his or Medical malpractice Law firms her duty to the patient.

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

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

Proving the breach of duty generally straightforward with the aid of your attorney's research and expert witnesses. Experts can prove that the doctor's actions didn't meet the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records as well as test results, prescriptions and imaging scans to build an argument that your physician's breach of duty directly caused your injuries.

Causation

Medical malpractice Law firms errors can increase the dangers of many treatments. To prove the causation, an injured patient must establish an unambiguous connection between the negligence of the doctor and the injury. In the majority of cases, expert testimony is required as well as assistance of an attorney who specializes in medical malpractice.

For instance, a mistake in diagnosing a condition or a serious illness is a frequent medical error. A doctor's failure to diagnose cancer or other conditions can have severe consequences for the patient. In this scenario the patient may suffer in pain that is not needed and could even end up dying. In failing to recognize the problem correctly, the doctor may have committed a lapse of judgment.

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 the evidence, as well as assist you during the deposition process.

It is vital to understand that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to adhere to current standards of care. Medical professionals must be able to anticipate outcomes based on his education and expertise.

Damages

In medical malpractice cases, courts hear about monetary damages that are designed to compensate the victim. These damages can include past or future medical bills and lost wages as well as pain and discomfort, disfigurement, or loss of enjoyment of living. In certain cases punitive damages could also be awarded; these are reserved for particularly egregious actions that society has an interest in stopping.

A medical malpractice case typically starts with the filing of a civil summons as well as a complaint in the court. Then, the parties engage in discovery, a process that requires the plaintiff and defendants disclose statements under an oath. This could involve requesting the exchange of documents such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the first things to prove in a medical negligence case is that the doctor was under the legal obligation to provide medical care and treatment to the patient. The second element is that the doctor violated this obligation by not adhering to the medical standard of care. The third factor is that the breach caused harm to the patient.

It is important to note that the statute of limitations (the legally defined time 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) following the date of the medical malpractice.