What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the negligence of a healthcare worker. The patient (or his or her estate if the patient died) must prove that the negligence led to injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial court. The patient who is aggrieved must demonstrate four legal aspects to win a case:

Duty of care

In any legal action in any legal matter, the plaintiff must prove that a person or entity had a responsibility to them under a duty of care and Medical malpractice lawyers failed to meet that obligation. In medical malpractice cases, this involves a physician's duty to provide their patients with a proper standard of treatment. This is typically determined through expert testimony.

Expert witnesses help to determine the correct medical standards, and then demonstrate how a doctor was not following these standards in their treatment of 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 crucial because jurors generally have only a basic understanding of anatomy and have watched many medical dramas. This is especially relevant in medical malpractice cases as it is difficult to establish a standard of care. In a case of medical malpractice the standard is the level of competence in the field, the quality of care provided and the degree of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

The majority of experts in medical malpractice claims are surgeons or fellow doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors not to speak against each other) it is often difficult to find an expert who is qualified to defend a colleague against sub-standard care.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. A reputable medical malpractice lawyer will examine your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish that there was a doctor-patient relationship between you and your physician, which is necessary in any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors with similar backgrounds, training and geographic location in your state.

Doctors owe it to their patients to abide by these standards without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has caused you injury.

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 why the doctor's actions did or did not meet the standard of care and explain how another medical professional in similar circumstances might have different actions. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans, and prescriptions in order to build an argument that proves the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove causality in a malpractice case the patient who has been injured must demonstrate a direct link between the negligence alleged and their injury. In many instances, expert testimony is required and the assistance of an attorney for medical malpractice.

Medical errors can be the misdiagnosis of serious diseases or conditions. A doctor's failure to diagnose cancer or other conditions, can have serious consequences for a patient. In this scenario the patient may suffer unnecessary pain and even end up dying. In failing to recognize the condition properly the doctor could have committed a lapse of judgment.

The process of proving that your doctor or hospital did not treat you properly can be a long and complicated process. The evidence needed could include many sources, such as medical records and test results as in addition to expert witness testimony and oral depositions. Your attorney can assist you in obtaining and understanding this evidence, as well as assisting you during the process of depositions.

It is also important to note that only healthcare professionals is liable for misconduct. Doctors and nurses, in contrast to receptionists at medical malpractice lawyers centers, are expected to follow the current standards of care. Medical professionals should have the ability to predict the consequences of his or qualifications and education.

Damages

In medical malpractice lawsuits the courts consider monetary damages that are intended to compensate the injured patient. These damages may include past and future medical bills loss of wages, disfigurement and pain and loss of enjoyment of life. In some cases, punitive damages are awarded in some cases. These are awarded only to egregious acts that society wants to deter.

A medical malpractice lawsuit begins by filing in the court of an administrative summons. The parties will then engage in discovery. This is a procedure that requires both parties to give statements under oath. This could include requesting documents like medical records and depositions of the parties involved in a lawsuit and interviewing witnesses.

One of the first things to prove in a medical negligence case is that the doctor owed an obligation under law to provide medical treatment and care to the patient. The second is that the doctor medical malpractice Lawyers breached his duty by not adhering to the medical standard of practice. 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 has to be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice occurred.