What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient claiming carelessness by a healthcare worker. The patient, or his 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 the state trial court. The patient who is suffering from the injury must prove four legal elements to win a case:

Duty of care

In any legal case, the plaintiff has to demonstrate that a third party or entity was liable to them for a duty of care and failed to perform this duty. In medical malpractice cases this is the obligation of medical professionals to provide the proper quality of care to their patients. This is usually determined by expert testimony.

Expert witnesses can assist in determining proper standards for medicine and then explain the ways in which a physician has deviated from these standards while treating the patient. A plaintiff's attorney who is suing for medical malpractice has to show that the deviance caused the victim's injuries.

Expert testimony is vital for jurors, since the majority of jurors have only a basic understanding of anatomy and are exposed to many medical dramas. This is particularly important in medical malpractice claims as it is often difficult to establish a minimum standard of care. In a case of medical malpractice the standard is the level of competence in the field, the quality of care provided and the level of care that other physicians in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and certification. It can be difficult to locate an expert willing to testify about substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that harms the patient, this is considered medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove since they are based on complicated laws and concerns. A competent medical malpractice lawyer will investigate your case to determine whether a doctor has breached their duty to you.

Your attorney will establish a doctor-patient relation between you and your physician that is required for any malpractice claim. Your attorney will examine your physician's decisions and actions to determine the level of care in your state for doctors with similar backgrounds, training and geographical location is in place.

Physicians have a responsibility to their patients to abide by these standards without deviation or omission. Breaching that duty means the doctor did not meet those standards and resulted in harm to you.

Proving a breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions didn't meet the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans and prescriptions to make an argument that proves the breach of duty by the doctor 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 has to show an unambiguous connection between the alleged negligence of a doctor and their injury. In many cases, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

For example, not diagnosing a condition or a serious disease is a common error. If a doctor fails to diagnose cancer or another condition it could result in severe consequences for the patient. In this case the patient could experience unnecessary pain and even end up dying. If the doctor failed to diagnose the problem correctly the doctor could have committed malpractice.

Proving that a hospital or doctor treated you negligently is a lengthy and difficult process. The evidence needed could include a variety of sources, such as medical records and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and interpreting this evidence, as representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for malpractice. Doctors and nurses, unlike receptionists at medical malpractice law firm centers, are expected to follow the current standards of care. A medical professional must be able to predict the consequences of his or their education and experience.

Damages

In medical malpractice cases, courts will consider monetary compensations designed to pay compensation to injured patients. These damages could include future or past medical bills or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages can be awarded in some cases. They are only awarded to criminal acts that society is trying to discourage.

A medical malpractice case typically begins with the filing of an civil summons and complaint in court. The parties will then engage in discovery. It is a process where the plaintiff and defendants make statements under oath. This could include requesting the exchange of documents, such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first elements to establish in a medical malpractice case is that the doctor owed a legal duty to provide medical care and treatment to the patient. The second element to establish is that the doctor acted in breach of that duty by failing to adhere to the medical standard of care. The third element is that the breach caused harm to the patient.

It is important to note that the statute of limitations (the legally defined time period within which a medical malpractice law firm negligence 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) following the date of the medical malpractice.