What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient complaining about the negligence of a healthcare professional. The patient, or his or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. In order to win a lawsuit the aggrieved party must demonstrate four legal elements:

Duty of care

In any legal matter in any legal matter, the plaintiff must show that another person or entity had a responsibility to them under a duty of care and then failed to fulfill this duty. In medical malpractice cases, it is the duty of doctors to provide the highest level of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining the appropriate standards of medical practice and then demonstrate how a doctor has deviated from these standards when treating a patient. A lawyer representing a plaintiff for medical malpractice needs to show that the deviance caused the victim's injuries.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and watched a number of medical dramas. In medical malpractice claims, this is particularly important because it can be difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers the level of expertise quality of care, as well as the degree of diligence that other physicians in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors with similar training and accreditation. It can be difficult to find an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor commits a mistake that harms the patient. These errors can cause new injuries or even worsen existing ones. medical malpractice lawyers malpractice claims are difficult to prove because they involve complicated laws and concerns. However, a qualified medical malpractice lawyer will analyze the facts of your case to determine if the doctor has breached his or her duty to the patient.

Your attorney will prove that the relationship was between a doctor and patient you and your physician, which is a requirement in any malpractice claim. Your attorney will scrutinize your physician's decisions and actions to determine the level of care in your state for doctors who have similar training, experience and geographical location is met.

Doctors are required to follow the standards established by their patients without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and resulted in injury to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify the doctor's actions were not in accordance with the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions to create a strong case that the breach of duty by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, however medical errors can increase the dangers. To prove causation in a malpractice claim an injured patient must establish a direct link between the alleged negligence and their injuries. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. If doctors fail to recognize cancer or another disease the result could have devastating consequences for the patient. In this situation the patient may suffer in pain that is not needed and could even die. The doctor could have committed malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. Evidence could come from variety of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can help you find and interpret the evidence as well as represent you during the deposition process.

It is important to know that only healthcare professionals are liable for negligence. Nurses and doctors, as opposed to receptionists in medical centers, are expected to adhere to current standards of medical care. Medical professionals should be able of predicting consequences based on his or his education and expertise.

Damages

In medical malpractice cases, courts will hear about monetary settlements intended to compensate injured patients. These damages may include past and future medical bills and lost wages, as well as the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases, punitive damages may also be awarded. These are awarded to those who have committed particularly indecent behavior that society is interested in deterring.

A medical malpractice case begins with the filing in court of a civil summons. The parties then begin discovery. This is a process where the plaintiff and defendants are required to give testimony under oath. This can include the request of medical records, for instance taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a case of medical malpractice it is vital to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second aspect to establish is that the doctor breached that duty by failing to adhere to the medical standard of care. The third factor is that the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) differ from state to 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.