What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient who complains of the negligence of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient, must show that the negligence caused injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. To prevail in a lawsuit, the party who is claiming damages must prove four elements of law:

Duty of care

In order to prove a legal claim, a plaintiff has to prove that he or she was obliged to perform a task by an individual or a company and that they did not fulfill the obligation. In the case of medical negligence, it is the duty of a doctor to provide the highest level of care to their patients. This is typically determined through expert testimony.

Expert witnesses help determine the appropriate medical standards. They then show how a doctor did not follow those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is crucial for jurors, since the majority of jurors do not have a good understanding of anatomy and watch many medical dramas. In the case of medical malpractice, this is particularly important because it is often difficult to establish the appropriate standard of care. In a medical malpractice case the standard is the level of competence, quality of care and degree of diligence other doctors in similar specialties in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians with similar training and certification. It can be difficult to find an expert willing to testify regarding substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. A good medical malpractice attorney will review your case to determine if a doctor has violated their obligation to you.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is required for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine the level of care in your state for doctors who have similar backgrounds, training and medical Malpractice attorney geographical location is met.

Physicians have a duty to respect the standards that are set by their patients without deviation or omission. A breach of that duty means that the doctor failed to meet those standards and caused harm to you.

It is simple to prove the breach of duty by using experts and your attorney's investigation. Experts can testify to how the doctor's actions did not meet the standards of care and explain how another medical professional in similar circumstances would have performed differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans, and prescriptions in order to build an argument that proves the breach of duty by your doctor directly led to your injuries.

Causation

All treatments come with a level of risk, but medical malpractice lawyers errors can increase those dangers. To prove causality, a patient who has suffered an injury must establish a direct connection between the negligence of the medical professional and their injury. In the majority of cases, expert testimony is required along with the assistance from a medical malpractice attorney.

For instance, a mistake in diagnosing an illness or illness is a frequent medical error. If doctors fail to recognize cancer or another illness this could have serious consequences for the patient. In this case the patient could experience unneeded suffering, or even death. By failing to diagnose the problem correctly the doctor could have committed a mistake.

Proving that a doctor or hospital did not treat you properly isn't easy and takes a lot of time. Evidence could come from a variety sources, such as medical records tests, medical records, expert witness testimony and depositions. An attorney can help you locate and interpret the evidence as well as represent you during the deposition process.

It is important to keep in mind 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 medical care. A medical professional must be able of predicting outcomes based on their education and experience.

Damages

In medical malpractice cases, courts hear about monetary damages that are intended to compensate the injured person. These damages could include past and future medical bills, Medical malpractice attorney lost wages, disfigurement, pain and suffering and loss of enjoyment of life. In certain cases the punitive damages may be awarded; these are reserved for particularly serious conduct that society has an interest in stopping.

A medical malpractice case usually starts with the filing of an civil summons and complaint in the court. Then, the parties will engage in discovery, a process in which the plaintiff and defendants will make public statements under oath. This can include asking for medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a case of medical malpractice it is crucial to prove that the physician was legally bound to provide treatment and care to the patient. The other element to establish is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third element is whether the breach resulted in harm to the patient.

It is important to note that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice took place.