What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the carelessness of a healthcare professional. The patient (or his or her estate in the event of death) must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. The aggrieved patient must prove four legal elements to prevail in the case:

Duty of care

In order to prove a legal claim, the plaintiff must prove that he or she was owed a duty of duty by another person or organization and that they did not fulfill the obligation. In the case of medical negligence, it is the responsibility of a doctor to provide the proper quality of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then show how a doctor has deviated from these standards while treating patients. A plaintiff's attorney for medical malpractice needs to show that the deviance caused the victim's injuries.

Expert testimony is crucial, as most jurors are not aware of anatomy and are exposed to several Medical Malpractice Lawyers dramas. In medical malpractice claims this is especially important as it is often difficult to establish a standard of care. In a medical malpractice lawsuit, the standard refers to the level of skill in the field, the quality of care provided and the level of care that other doctors with similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and accreditation. It is often difficult to find an expert willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician makes an error that hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove because they involve complex laws and issues. However, a reputable medical malpractice lawyer will review the circumstances of your case and determine if the doctor has breached his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your doctor which is essential for any malpractice claim. Your attorney will scrutinize the actions and decisions of your physician to determine whether the standard of care in your state for doctors with similar backgrounds, training and geographical location is satisfied.

Physicians have a duty to adhere to the standards that their patients have set without omission or deviation. In breach of this duty, the doctor did not meet those standards and caused 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. Expert witnesses can testify to the reasons why the doctor's actions did not meet the standard of care and explain how another medical professional in similar circumstances would have behaved differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans in order to construct an argument that your physician's breach of duty directly led to your injuries.

Causation

All treatments come with a level of risk, but medical errors can increase the dangers. To prove causation, the patient must demonstrate an unambiguous connection between the alleged negligence of the doctor and their injuries. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include the misdiagnosis of serious ailments or illnesses. If doctors fail to recognize cancer or another condition this could have serious consequences for the patient. In this situation, the patient could suffer unnecessary pain and even die. The doctor may have committed a mistake by not properly diagnosing the condition.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. Evidence could come from a range of sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can help you gather and interpret this evidence and also assist you during the deposition process.

It is also important to note that only healthcare professionals can be sued for malpractice. In contrast to receptionists in medical centers, doctors and nurses are expected to operate according to the standards of care. That means that medical professionals should be able to predict the effects in light of their expertise and knowledge.

Damages

In medical malpractice lawsuits courts will hear about financial damages intended to compensate the patient who was injured. These damages may include past and future medical bills and lost wages, as well as disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages can be granted in certain cases. They are only awarded to the most egregious of actions that society would like to discourage.

A medical malpractice case begins with the filing in the court of a civil summons. Then, the parties engage in discovery, which is a process through which the plaintiff and defendants make statements under swearing. This can include requesting the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

One of the primary elements to prove in a medical negligence case is that the physician had a legal duty to provide medical care and treatment to the patient. The second element to establish is that the doctor violated the duty by failing to adhere to the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-defined time period 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) following the date of the medical malpractice.