What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient (or his or her estate in the event of death) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To win a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

To establish a legal claim, the plaintiff must demonstrate that they was obliged to perform a task by a person or an organization and that they failed to fulfill the obligation. In the case of medical malpractice it is a physician's obligation to provide their patients with the appropriate standards of care. Expert testimony is often used to establish this.

Expert witnesses assist in determining the proper medical standards and then show how a doctor was not following those standards in their treatment of the patient. 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 crucial because jurors are usually not knowledgeable about anatomy and have seen a lot of medical dramas. This is especially relevant in medical malpractice cases as it can be difficult to establish a minimum standard of care. In a medical malpractice lawsuit the standard is the level of competence and care quality, as well as degree of diligence other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have a similar education and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not admit to a case against one another) it can be challenging 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 occurs when a physician is negligent and hurts the patient. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are complicated issues and laws, making them difficult to prove. However, a reputable medical malpractice lawyer will review the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is essential for any malpractice claim. Your attorney will also review your doctor's actions and decisions to determine if they meet what is known as the standard of care for doctors with similar education, background and geographic location in your state.

Doctors are required to adhere to the standards established by their patients without omission or deviation. Breaching that duty means the doctor did not fulfill those standards and resulted in injury to you.

Proving a breach of duty is usually simple with the help of your attorney's research and expert witnesses. Experts can testify to why the doctor's actions did or did not meet the standard of care and describe how a different medical professional in similar circumstances would have acted differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records tests, prescriptions, test results and imaging scans to make a solid case that the breach of duty committed by your physician directly contributed to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can increase the dangers. To prove the causation, the patient has to show that there is a direct link between the alleged negligence of the medical professional and their injury. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. A doctor's inability to recognize cancer or other conditions can have severe consequences for the patient. In this scenario the patient could experience inexpensive suffering and possibly even death. The doctor could have committed malpractice by not diagnosing the issue properly.

Proving that a hospital or doctor failed to treat you appropriately isn't easy and takes a lot of time. Evidence could come from number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you in obtaining and understanding this evidence, as being your advocate during the process of depositions.

It is crucial to remember that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists at medical centers, are expected to follow the current standards of treatment. A medical professional must have the ability to predict consequences based on his or his education and expertise.

Damages

In medical malpractice lawsuits the courts consider monetary damages to compensate the victim. The damages may include future or past medical bills and lost wages in the event of pain and discomfort disfigurement, or loss of enjoyment living. Punitive damages may be awarded in some cases. These are reserved for criminal acts that society is trying to deter.

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

One of the first elements to prove in a medical negligence case is that the physician had an obligation under law to provide care and treatment to the patient. The other element to establish is that the doctor acted in breach of the obligation by failing to adhere to the medical standard of care. The third aspect is that the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must 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 which the act that led to medical malpractice took place.