What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by the patient who complains about the negligence of a healthcare worker. The patient (or the estate of the patient should the patient die) must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is affronted must prove four legal elements to prevail in the case:

Duty of care

To prove a legal claim, the plaintiff must show that he or she was owed a duty of duty by another person or organization and that they failed to perform it. In the case of medical negligence, it is the duty of a doctor to provide the highest standard of care for their patients. Expert testimony is often used to establish this.

Expert witnesses can assist in determining appropriate standards of medical treatment and then reveal how a doctor departed from these guidelines when treating patients. A medical malpractice lawyer for a plaintiff must then show that this error was directly accountable for the injury of the victim.

Expert testimony is essential because jurors generally have only a basic understanding of anatomy and have watched many medical dramas. In medical malpractice claims, this is particularly important since it can be difficult to establish the standards of care. In a medical malpractice lawsuit (read this post from Istitutomorgagni) the standard refers to the level of skill, quality of care and degree of diligence other doctors with similar specialties can demonstrate under similar circumstances.

In general, experts in medical malpractice claims are fellow physicians or surgeons who have the same training and board certifications. It can be difficult to locate an expert willing to testify about poor care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes a mistake that hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove since they are based on complex laws and issues. A competent medical malpractice lawyer will evaluate your case to determine if a doctor has breached their duty to you.

Your attorney will establish a doctor/patient relationship between you and your doctor which is essential to prove a malpractice claim. Your attorney will scrutinize the actions and decisions of your physician to determine whether the standard of care in your state for doctors with similar training, backgrounds and geographical location is satisfied.

Physicians have a responsibility to their patients to abide by these standards without omission or deviation. A breach of duty means that the doctor did not meet your expectations and this failure caused you injury.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to make a convincing case that the breach of duty by your doctor directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can exacerbate those dangers. To prove the cause of malpractice in a claim the injured person must prove a direct connection between the alleged negligence and the injury. In many instances this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious illnesses or conditions. If a doctor fails to recognize cancer or other conditions could have grave consequences for the patient. In this situation the patient may suffer excessive suffering, and even die. The doctor may have committed malpractice by not diagnosing the problem properly.

Proving that your doctor or hospital was negligent in the treatment you received can be a long and complicated process. The evidence needed may include numerous sources, such as medical records and test results, as in addition to expert witness testimony and oral depositions. Your lawyer can assist you with obtaining and interpreting the evidence as well as assisting you during the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. Unlike receptionists at medical centers nurses and doctors are expected to behave in accordance to the standard of care. This means that a medical professional must be able to predict the effects depending on their experience and knowledge.

Damages

In medical malpractice cases, judges will hear about monetary compensations to help injured patients. These damages may include future and past medical bills loss of wages, pain and suffering, disfigurement and loss of enjoyment of life. Punitive damages may be granted in certain cases. These are awarded only to criminal acts that society is trying to deter.

A medical malpractice lawsuit typically begins with filing a civil summons as well as a complaint in court. The parties will then begin discovery. It is a process that requires both parties to are required to give testimony under oath. This could include requesting the exchange of documents, such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case it is crucial to establish that the doctor was legally obligated to provide care and treatment to the patient. The other element to prove is that the doctor breached this duty by failing adhere to the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally-defined time frame within which a medical 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) after the date of the medical malpractice.