What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by the patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient should the patient die) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is affronted must prove four legal elements to prevail in a case:

Duty of care

To establish a legal claim, a plaintiff needs to show that he or she was legally obligated to perform a duty by a person or an organization and that they failed to perform the obligation. In medical malpractice cases this is the physician's obligation to provide their patients with the appropriate standard of treatment. This is usually determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then show how a doctor was not following the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the error was directly responsible for the victim's injuries.

Expert testimony is vital since jurors are often unfamiliar with anatomy and have seen a variety of medical dramas. In medical malpractice claims this is crucial 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 level of skill of the practitioner, the quality of treatment, and the degree of diligence shown by other physicians in similar specialties under similar circumstances.

In general, experts in medical malpractice claims are surgeons or fellow doctors with similar qualifications and board certifications. It is often difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, it is considered medical malpractice law firm malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine if the standard of care in your state for doctors with similar training, backgrounds and geographical location is satisfied.

Doctors owe it to their patients to abide by these standards, without deviation or omission. If they violate this duty, it means that the doctor did not fulfill these standards and resulted in harm to you.

Proving the breach of duty usually simple with the help of the research of your attorney and expert witnesses. Those experts can testify as to the reasons why the doctor's actions did not meet the standards of medical malpractice lawsuits care and also explain why a different medical professional in similar circumstances would have acted differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans, and prescriptions in order to build an argument that the breach of duty committed by your doctor directly led to your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can increase the dangers. To prove the causation of a malpractice claim the patient who has been injured must prove a direct connection between the alleged negligence and their injury. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

For example, not diagnosing an illness or illness is a common medical error. A doctor's failure to diagnose cancer or other conditions, can have serious consequences for the patient. In this situation, the patient could suffer excessive pain or even end up dying. By failing to diagnose the condition properly, the doctor may have committed a mistake.

Proving that your doctor, or hospital was negligent in their treatment of 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 lawyer can assist you gather and interpret this evidence, and also represent you during the deposition process.

It is vital to understand that only healthcare professionals are liable for malpractice. Doctors and nurses, unlike receptionists working in medical centers are expected to adhere to current standards of medical care. That means that medical professionals must be able to foresee consequences based on their skills and education.

Damages

In medical malpractice claims, courts hear about monetary damages to compensate the victim. These damages can include the cost of medical bills in the past or in the future or wages lost in the event of pain and discomfort disfigurement or loss of enjoyment of living. In some cases, punitive damages are awarded in certain circumstances. These are awarded only to the most egregious of actions that society would like to discourage.

A medical malpractice claim typically begins with filing an civil summons and complaint in the court. The parties then begin discovery. This is a procedure which requires the plaintiff and defendants to give statements under oath. This may include the exchange of documents, such as medical records, taking depositions from parties who are 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 doctor had an obligation under law to provide medical treatment and care to the patient. The second part is that the doctor breached this duty by failing to adhere the standard of medical practice. The third element is whether the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to be filed) vary from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice took place.