What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or or estate in the instance of a deceased patient, must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In order to prove a legal claim, the plaintiff must demonstrate that he/she was obliged to perform a task by another person or organization and that they failed to fulfill it. In medical malpractice cases it is a doctor's obligation to provide their patients with the appropriate standards of medical care. This is usually determined through expert testimony.

Expert witnesses can help determine the appropriate standards of medical treatment and then reveal how a doctor has deviated from these standards while treating the patient. A plaintiff's medical malpractice attorney must then prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is essential because jurors are usually unfamiliar with anatomy and watched a lot medical dramas. In the case of medical malpractice this is crucial because it can be difficult to establish a standard of care. In a case of medical malpractice the standard refers to the level of expertise, quality of care and degree of diligence that other doctors in similar specialties have under similar circumstances.

Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same qualifications and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against one another) It can be difficult to locate a qualified expert willing to provide evidence against a colleague in relation to sub-standard care.

Breach of duty

When a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complicated laws and issues. A good medical malpractice attorney will examine your case to determine if a doctor has breached their duty to you.

Your attorney will establish that the relationship was between a doctor and patient you and your physician which is required in any malpractice claim. Your attorney will review the decisions and actions of your physician to determine whether the standard of care in your state for doctors with similar training, backgrounds and geographical location is fulfilled.

Doctors are required to follow the guidelines set forth by their patients without omission or deviation. A breach of duty implies that the doctor did not meet your expectations, and this has resulted in injury to you.

Proving the breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to how the doctor's actions did not conform to the standards of care and also explain why a different medical professional in similar circumstances might have performed differently. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans and prescriptions to make solid evidence that the breach of duty by your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the causation of a malpractice claim the injured person must establish a direct link between the alleged negligence and their injury. In the majority of cases, expert testimony is required along with the assistance from a medical malpractice attorney.

For example, not diagnosing an illness or disease is a common error. If the doctor fails to identify cancer or another disease it could result in severe consequences for the patient. In this instance the patient may suffer unnecessary pain and even end up dying. By failing to diagnose the problem correctly, the doctor may have committed a malpractice.

Proving that your doctor, or hospital was negligent in treating you is a lengthy and difficult process. Evidence could come from range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you obtain and interpret this evidence, as well as assist you during the deposition process.

It is also important to note that only a healthcare professional can be sued for misconduct. Contrary to receptionists at medical facilities, doctors and nurses must act according to the standards of care. That means that medical professionals should be able to foresee consequences based on their skills and education.

Damages

In medical malpractice lawsuits, courts hear about monetary damages to compensate the victim. These damages may include past and future medical bills and lost wages, as well as disfigurement, pain and suffering and loss of enjoyment of life. In certain cases punitive damages could also be awarded. These are reserved for the most egregious actions that society has an interest in stopping.

A medical malpractice lawsuit begins by filing in court of a civil summons. Then, the parties will engage in discovery, a process through which the plaintiff and defendants disclose statements under an oath. This could include the request of medical records, for instance and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a medical malpractice attorneys malpractice claim it is crucial to prove that the doctor was legally bound to provide treatment and medical care to the patient. The second aspect to prove is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third aspect is whether the breach resulted in harm 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, the statute of limitations is two years and six months (30 months) from the date which the underlying act of medical malpractice occurred.