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 his or his estate in the event of a deceased patient, must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal matter the plaintiff must show that another person or entity was liable to them for a duty of care and did not fulfill that duty. In medical malpractice cases, this involves a physician's obligation to provide their patients with the appropriate standard of care. This is typically determined through expert testimony.

Expert witnesses help determine the proper medical standards and then demonstrate how a doctor was not following the standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice has to prove that this deviation caused the victim's injuries.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and watched a number of medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it is difficult to establish a standard of care. In a medical malpractice lawsuit the standard is the level of skill 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 usually fellow physicians or surgeons with similar training and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) It is often difficult to find a qualified expert willing to testify against a colleague regarding the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes a mistake that hurts the patient. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will review the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor which is required for any malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors with similar training, background and geographic location in your state.

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

It is simple to prove the breach of duty by using expert witnesses and your attorney's investigation. 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 tie the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to create a convincing case that your physician's breach of duty directly contributed to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causality, the injured patient must demonstrate that there is a direct link between the negligence of the doctor and their injury. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious diseases or conditions. If a doctor fails to diagnose cancer or another disease it could result in severe consequences for the patient. In this scenario the patient may suffer unnecessarily pain and may even die. The doctor could have committed a mistake by not diagnosing the problem properly.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence you require could be from a variety of sources, such as medical records and test results, as and expert testimony from witnesses and oral depositions. Your lawyer can assist you obtain and interpret the evidence as well as represent you during the deposition process.

It is also important to know that only a healthcare professional can be sued for misconduct. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of medical care. A medical professional should be able to anticipate the outcome based on her education and skills.

Damages

In medical malpractice cases, courts hear about monetary damages to compensate the injured person. The damages may include past or future medical bills as well as loss of earnings as well as pain and discomfort, disfigurement or loss of enjoyment of living. Punitive damages may be granted in certain cases. They are only awarded to the most egregious of actions that society would like to discourage.

A medical malpractice lawsuit typically begins with filing a civil summons or complaint in court. The parties then engage in discovery. This is a procedure which requires the plaintiff and defendants to make statements under oath. This may include the exchange of documents like medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the first things to establish in a medical malpractice case is that the physician had the legal obligation of providing healthcare and treatment to the patient. The second aspect is that the doctor violated that duty by failing to adhere the standard of medical practice. The third factor is whether the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice has to be filed) differ from state the state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.