What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient claiming the negligence of a healthcare professional. The patient, or or her estate in the case of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

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

Duty of care

In order to prove a legal claim, a plaintiff has to prove that he or she was obliged to perform a task by a person or an organization and that they failed to meet the obligation. In the case of medical malpractice it is a physician's duty to provide their patients with the appropriate standard of care. Expert testimony is often used to determine this.

Expert witnesses can assist in determining the proper standards for medical malpractice law firms practice and then demonstrate the ways in which a physician has deviated from these standards while treating patients. A plaintiff's attorney for medical malpractice has to show that the deviance caused the victim's injuries.

Expert testimony is essential since jurors are often not familiar with anatomy and have seen a variety of medical dramas. In the case of medical malpractice it is crucial because it is often difficult to establish a standard of care. In a case of medical malpractice the standard refers to the level of competence and care quality, as well as degree of diligence other physicians in similar specialties have under similar circumstances.

The majority of experts in medical malpractice cases are surgeons or fellow doctors with similar training and board certifications. It is often difficult to find an expert who is willing to testify about poor medical care 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 errors can lead to new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove since they are based on complicated laws and concerns. However, a skilled medical malpractice lawyer will examine the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish that there was a doctor-patient connection between you and your physician which is necessary for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine the level of care in your state for doctors with similar training, backgrounds, and geographic location is fulfilled.

Physicians have a responsibility to their patients to adhere to these standards without deviation or omission. In breach of this duty, the doctor did not meet these standards and resulted in injury to you.

It is easy to prove that there was a breach of duty with the assistance of expert witnesses and your attorney's research. 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 acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to create a solid case that your physician's breach of duty directly resulted in your injuries.

Causation

All treatments come with a degree of risk, but medical errors can add to those dangers. In order to prove causation, the patient must establish an unambiguous connection between the alleged negligence of a doctor and the injury. In the majority of cases, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

Medical errors include the misdiagnosis of serious diseases or conditions. If the doctor fails to identify cancer or another illness this could have serious consequences for the patient. In this case the patient could suffer inexpensive suffering and possibly even death. In failing to recognize the condition properly the doctor could have committed a malpractice.

Proving that a medical malpractice Lawyers professional or hospital treated you negligently is a lengthy and difficult process. The evidence needed could include a variety of sources, such as medical malpractice attorneys reports and test results, as in addition to expert testimony from witnesses and oral depositions. Your lawyer can help you in obtaining and interpreting the evidence, as well as assisting you during the process of depositions.

It is crucial to remember that only healthcare professionals can be sued for malpractice. Doctors and nurses, unlike receptionists in medical centers, are expected to adhere to current standards of medical care. Medical professionals must be able to predict the consequences of his or his education and expertise.

Damages

In medical malpractice lawsuits courts will hear about financial damages that are designed to compensate the injured patient. These damages can include future or past medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment of living. In some instances punitive damages can also be awarded. These are reserved for particularly serious conduct that society has an interest in preventing.

A medical malpractice case usually begins with the filing of a civil summons and complaint in the court. The parties follow up with discovery. It is a process that requires both parties to give statements under oath. This could involve asking for medical records as well as deposing 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 the legal obligation to provide care and treatment to the patient. The second element to prove is that the doctor breached this duty by failing adhere to the medical standard of care. The third element is whether the breach resulted in injury to the patient.

It is important 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.