What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient who complains of carelessness by a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

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

Duty of care

To prove a legal claim, the plaintiff must demonstrate that he/she was legally obligated to perform a duty by another person or organization and that they failed to perform it. In the case of medical malpractice, it is the responsibility of medical professionals to provide the proper level of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine proper standards for medicine and then explain how a doctor has deviated from these standards when treating the patient. A medical malpractice lawyer for a plaintiff must then show that this deviation was directly accountable for the injury of the victim.

Expert testimony is crucial because jurors are usually not familiar with anatomy and have seen a variety of medical dramas. This is especially relevant in medical malpractice cases as it can be difficult to establish a proper standard of care. In a medical malpractice case the standard of care refers to the skill level in the treatment, its quality and the level of dedication possessed by other doctors with similar specialties in similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not testify against each other) It can be challenging to find a qualified expert willing to be a witness against a colleague for Medical Malpractice Lawyers the care that is not up to par.

Breach of duty

If a doctor makes an error that hurts the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. An experienced medical malpractice attorney will investigate your case to determine if the doctor has violated their obligation to you.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required to prove a malpractice claim. Your attorney will examine the decisions and actions of your physician to determine whether the standard of care in your state for doctors with similar training, backgrounds, and geographic location is met.

Physicians must follow the standards that are set by their patients without omission or deviation. Breaching that duty means the doctor did not meet those expectations and that failure resulted in harm to you.

It is simple to establish a breach of duties by using expert witnesses and your attorney's research. Experts can testify the doctor's actions were not in accordance with the standard of medical care and also explain why another medical malpractice lawyers professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will scrutinize your medical malpractice lawsuits documents, test and prescription results, imaging scans, and prescriptions to make a strong case that the breach of duty by your physician directly caused your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can add to those dangers. To prove the causation, an injured patient has to show that there is a direct link between the alleged negligence of the doctor and the injury. In many instances this will require expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors could include errors in diagnosis, such as misdiagnosing serious diseases or conditions. If a doctor fails to recognize cancer or any other illness may have serious implications for patients. In this instance the patient could be suffering unnecessarily pain and may even die. The doctor may be negligent for not diagnosing the condition properly.

Proving that a hospital or doctor has treated you in a negligent manner can be a long and tedious process. Evidence could come from variety sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can assist you obtain and interpret this evidence as well as represent you during the deposition process.

It is also important to remember that only a healthcare professional can be sued for malpractice. Contrary to receptionists at medical facilities, doctors and nurses are expected to behave in accordance with the current standards of care. Medical professionals must be able to anticipate outcomes based on their education and experience.

Damages

In medical malpractice cases, the courts will consider monetary settlements intended to compensate injured patients. These types of damages can include future and past medical bills loss of wages, disfigurement and pain and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. These are awarded only to the most egregious of actions that society would like to deter.

A medical malpractice case starts by filing in court of an administrative summons. Then, the parties engage in discovery, a procedure in which the plaintiff and defendants will make public statements under the oath. This may include the request of medical records, for instance and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim, it is important to prove that the doctor was legally bound to provide medical treatment and care to the patient. The second thing to prove is that the doctor acted in breach of this duty by failing follow the medical standard of care. The third factor is whether the breach caused 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, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.