What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the negligence of a healthcare worker. The patient, or or his or her estate in the case of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits that claim medical negligence are filed in state court. The aggrieved patient must prove four legal elements in order to win a case:

Duty of care

In order to prove a legal claim, the plaintiff must demonstrate that they was legally obligated to perform a duty by a person or an organization and that they failed to fulfill the obligation. In the case of medical malpractice, it is the responsibility of doctors to provide the right standard of care for their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining proper standards for medical practice and then demonstrate the ways in which a physician has deviated from these standards while treating the patient. A medical malpractice lawyer for a plaintiff must then prove that the error was directly responsible for the victim's injury.

Expert testimony is crucial because jurors generally have only a basic understanding of anatomy, and they watch a lot of medical dramas. This is particularly important in medical malpractice cases as it is difficult to establish a reasonable standard of care. In medical malpractice cases, 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 physicians in similar specialties under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not testify against one another) it can be difficult to locate an expert with the qualifications to testify against a colleague regarding poor care.

Breach of duty

When a doctor commits an error that harms the patient, this is medical malpractice. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and concerns. A good medical malpractice law firm malpractice attorney will evaluate your case to determine if a doctor has breached their duty to you.

Your attorney will establish a doctor/patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar backgrounds, training and geographical location in your state.

Doctors owe it to their patients to follow these standards without deviation or omission. A breach of duty implies that the doctor failed to meet your expectations and this failure resulted in injury.

It is easy to prove the breach of duty by using experts and your attorney's investigation. Those experts can testify as to how the doctor's actions do not conform to the standards of care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will examine your medical records tests, prescriptions, test results and imaging scans to build an argument that proves the breach of duty by your doctor directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can exacerbate those risks. To prove the causation, the patient has to show an immediate connection between the negligence of the doctor and their injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can be the misdiagnosis of serious diseases or conditions. If doctors fail to recognize cancer or another illness the result could have devastating consequences for the patient. In this case, the patient may experience unneeded suffering, or even death. If the doctor failed to diagnose the condition properly, the doctor may have committed a mistake.

Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. The evidence needed may include many sources, such as medical reports and test results as along with expert witness testimony and oral depositions. Your attorney can assist you in obtaining and understanding the evidence as well representing you in the process of depositions.

It is important to know that only healthcare professionals are liable for negligence. Nurses and doctors, as opposed to receptionists at medical centers, are expected to follow the current standards of care. This means that medical professionals should be able to predict the effects in light of their expertise and knowledge.

Damages

In medical malpractice cases, courts will consider monetary compensations designed to pay compensation to injured patients. These damages can be based on future or past medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment of living. In some cases, punitive damages are granted in certain cases. These are awarded only to the most egregious of actions that society would like to deter.

A medical malpractice lawsuit begins by filing in court of an administrative summons. The parties follow up with discovery. It is a process where the plaintiff and defendants give statements under oath. This could involve requesting documents like Medical malpractice law firms records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.

One of the most important elements to prove in a medical negligence case is that the doctor owed an obligation under law to provide healthcare and treatment to the patient. The second element is that the doctor breached this obligation by not adhering to the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state states. In New York, the statute of limitations is two years and six months (30 months) from the date which the underlying act of medical malpractice took place.