What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or his estate in the event of a deceased patient must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are usually filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements in order to win the case:

Duty of care

In order to prove a legal claim, a plaintiff needs to demonstrate that they was in the position of being owed a duty by an individual or a company and that they did not fulfill it. In the case of medical malpractice this is the physician's duty to provide their patients with the right standard of treatment. Expert testimony is typically used to determine this.

Expert witnesses help determine the appropriate medical standards and then explain how a doctor deviated from these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly responsible for the victim's injury.

Expert testimony is vital because jurors are usually unfamiliar with anatomy and have watched a lot medical dramas. This is especially important in medical malpractice lawyers malpractice claims as it can be difficult to establish a proper standard of care. In a case of medical malpractice the standard is the level of competence quality of care, as well as the level of diligence that other doctors in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar training and certification. It is often difficult to locate an expert willing to testify about substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes a mistake that hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a skilled medical malpractice lawyer will examine the facts of your case to determine if a doctor violated his or her duty to the patient.

Your attorney will establish there was a doctor-patient relationship between you and your doctor, which is necessary 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 who have similar training, background and geographical location is fulfilled.

Physicians have a responsibility to their patients to follow these standards without omission or deviation. If they violate this duty, it means that the doctor did not fulfill these standards and caused injury to you.

Proving the breach of duty is usually simple with the help of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions weren't in line with the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will scrutinize your Medical malpractice lawyers records as well as test results, prescriptions and imaging scans to create a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. In order to prove causation, the patient has to show a direct connection between the alleged negligence of a doctor and their injury. In many cases this will require expert testimony and the assistance of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious illness is a common medical error. The failure of a doctor to recognize cancer or other conditions may have serious implications for patients. In this scenario the patient could experience unnecessary pain and even die. If the doctor failed to diagnose the condition correctly the doctor could have committed a mistake.

Proving that a medical professional or hospital treated you negligently can be a long and tedious process. The evidence required could come from various sources, including medical reports and test results as and expert witness testimony and oral depositions. Your attorney can help you obtain and interpret this evidence as well as represent you during the deposition process.

It is important to know that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers, doctors and nurses are expected to behave in accordance to the standard of care. That means that medical professionals should be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice cases, judges will hear about monetary compensations to help injured patients. These damages may include past and future medical bills loss of wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages may be awarded in certain circumstances. They are only awarded to criminal acts that society is trying to deter.

A medical malpractice case starts by filing in court of an administrative summons. The parties then engage in discovery, a process that requires the plaintiff and defendants disclose statements under an oath. This may include the exchange of documents such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to prove in a medical negligence case is that the physician had the legal obligation of providing care and treatment to the patient. The second part is that the doctor breached this obligation by not adhering to the medical standard of care. The third element is whether the breach caused injury to the patient.

It is important to note that the statute of limitations (the legally-defined period within which a medical negligence claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.