What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient claiming carelessness by a healthcare worker. The patient, or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.

Legal actions claiming medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff must show that he or she was owed a duty of duty by a third party and that they failed to fulfill it. In the case of medical malpractice, it is the obligation of a doctor to provide the appropriate level of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining appropriate standards of medicine and then explain how a doctor departed from these guidelines when treating the patient. A plaintiff's medical malpractice law firm malpractice attorney must then prove that this deviation was directly responsible for the victim's injury.

Expert testimony is crucial since jurors are often unfamiliar with anatomy and watched a lot medical dramas. In medical malpractice law firms malpractice claims, this is particularly important as it is often difficult to establish the standards of care. In the context of a medical malpractice case, the standard of care is referred to the skill level 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 doctors who have the same training and accreditation. It isn't easy to locate an expert willing to testify against substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error which harms the patient, this is medical malpractice. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. A good medical malpractice attorney will examine your case to determine if a doctor has breached their duty to you.

Your attorney will determine if a doctor-patient relationship existed between you and your physician, which is a requirement in any malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they complied with what is known 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 follow these standards without omission or deviation. A breach of duty means that the doctor didn't meet your expectations, and this has resulted in injury.

Proving a breach of duty is usually simple with the help of your attorney's research and expert witnesses. Experts can testify to how the doctor's actions do not meet the standards of medical care and explain how another medical professional in similar circumstances would have performed differently. Your lawyer must also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records and test results, prescriptions and imaging scans to build an argument that the breach of duty of your physician directly contributed to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the causality, a patient who has suffered an injury must demonstrate that there is a direct link between the negligence of the doctor and the injury. In many cases, expert witness is required and the assistance of a medical malpractice attorney.

Medical errors can include the misdiagnosis of serious illnesses or conditions. A doctor's inability to recognize cancer or other conditions can have severe consequences for the patient. In this instance the patient could experience unnecessary pain and even die. The doctor may have committed a malpractice by not diagnosing the issue properly.

Proving that your doctor or hospital did not treat you properly can be a long and complicated process. The evidence needed could include a variety of sources, such as medical reports and test results as and 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 also important to note that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to adhere to current standards of treatment. This means that medical professionals should be able of predicting the outcomes based on their skills and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages to compensate the victim. These damages could include past and future medical bills as well as lost wages, disfigurement and pain, and loss of enjoyment of life. Punitive damages can be awarded in a few cases. They are reserved for the most egregious of actions that society would like to deter.

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

One of the most important elements to prove in a medical malpractice case is that the physician had an obligation under law to provide healthcare and treatment to the patient. The second aspect is that the doctor violated that duty by not adhering to the medical standard of practice. The third aspect is whether the breach caused injury 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, the statute of limitations is two years and six months (30 months) from the date which the underlying act of medical malpractice took place.