What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. To win a lawsuit, the aggrieved party has to demonstrate four legal elements:

Duty of care

In any legal matter, the plaintiff has to prove that a person or entity had a responsibility to them under a duty of care and then failed to meet that duty. In medical malpractice cases this is the responsibility of medical professionals to provide the right level of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can assist in determining appropriate standards of medical practice and then demonstrate the ways in which a physician has deviated from these standards while treating the patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital since jurors typically have only a basic understanding of anatomy, and they watch numerous medical dramas. In medical malpractice claims this is especially important because it is often difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers to the level of skill, quality of care and level of diligence that other doctors in similar specialties possess in similar circumstances.

The majority of experts in medical malpractice cases are fellow surgeons or doctors with similar qualifications and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not testify against each other) it isn't easy to find an expert with the qualifications to provide evidence against a colleague in relation to the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes an error that hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are challenging to prove because they involve complicated laws and concerns. A good medical malpractice lawyers malpractice attorney will evaluate your case to determine if a doctor has violated their obligation to you.

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

Doctors owe it to their patients to abide by these standards, without deviation or omission. Breaching that duty means the doctor failed to meet those expectations and that failure resulted in harm to you.

Proving a breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions didn't meet the standards of medical care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans to create a convincing case that the breach of duty committed by your physician directly contributed to your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causation in a malpractice claim, an injured patient must establish a direct link between the alleged negligence and their injury. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

For instance, a mistake in diagnosing a condition or a serious disease is a common error. The failure of a doctor to recognize cancer or any other illness, can have serious consequences for a patient. In this scenario the patient could be suffering unnecessary pain and even die. The doctor may have committed a malpractice by not diagnosing the issue properly.

Finding out if your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. Evidence may come from a number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you obtain and interpret this evidence and also assist you during the deposition process.

It is important to keep in mind that only healthcare professionals is liable for malpractice. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to follow the current standards of medical care. Medical professionals must be able to predict the consequences of his or qualifications and education.

Damages

In medical malpractice lawsuits, courts hear about monetary damages to compensate the injured patient. These damages could include past and future medical bills, lost wages, disfigurement and pain and loss of enjoyment of life. Punitive damages can be granted in certain cases. These are reserved for those who commit crimes that society wishes to discourage.

A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in the court. The parties then begin discovery. It is a process that requires both parties to make statements under oath. This can include requesting the exchange of documents, such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

In a claim for medical malpractice it is crucial to prove that the physician was legally obligated to provide care and treatment to the patient. The second part is that the doctor breached this duty by not adhering to the standard of medical practice. The third element is that the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice must be filed) differ from state to 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.