What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of the negligence of a healthcare professional. The patient (or his or her estate if the patient died) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In order to prove a legal claim, a plaintiff must demonstrate that he/she was legally obligated to perform a duty by another person or organization and that they failed to fulfill it. In the case of medical malpractice, it is the duty of medical professionals to provide the highest standard of care for their patients. This is usually determined by expert testimony.

Expert witnesses can help determine the appropriate medical standards and then show how a doctor did not follow those standards in their treatment of the patient. A medical malpractice lawyer for medical Malpractice Lawsuit a plaintiff must then prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial since jurors typically are not aware of anatomy and have watched numerous medical dramas. In the case of medical malpractice this is especially important because it can be difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers the level of expertise quality of care, as well as the degree of diligence other doctors in similar specialties can demonstrate under similar circumstances.

Generally, experts in medical malpractice claims are fellow surgeons or doctors who have the same training and board certifications. Due to the “conspiracy of silence” among a number of doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against each other) it can be difficult to locate an expert with the right qualifications to defend a colleague against inadequate care.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims are complicated laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will review the facts of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor-patient relationship between you and your doctor, which is necessary for any malpractice claim. Your attorney will also look into your doctor’s actions and decisions to determine whether they complied with what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians are required to follow the guidelines set forth by their patients without deviation or omission. A breach of duty means that the doctor did not meet your expectations, and this has caused you injury.

It is simple to establish the breach of duty by using experts and your attorney’s research. Experts can testify the doctor’s actions weren’t in line with the standard of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans, and prescriptions to make solid evidence that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can increase the risks. To prove causation, the patient must demonstrate an immediate connection between the alleged negligence of a doctor and their injuries. In many instances, expert testimony is required, along with assistance from a medical malpractice attorney.

Medical errors can be the misdiagnosis of serious ailments or illnesses. The failure of a doctor to recognize cancer, or any other condition can have severe consequences for the patient. In this instance the patient may suffer excessive pain or even die. The doctor may be negligent for not diagnosing the condition properly.

Proving that a medical professional or hospital has treated you in a negligent manner is a lengthy and difficult process. Evidence could come from number of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting 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 malpractice. Doctors and nurses, unlike receptionists working in medical malpractice attorneys centers are expected to adhere to current standards of care. Medical professionals must be able to predict consequences based on his or her education and skills.

Damages

In medical malpractice cases, the courts will hear about monetary compensations that are meant to help injured patients. These damages could include past or future medical bills, loss of wages, pain and discomfort, disfigurement, or loss of enjoyment living. Punitive damages may be awarded in a few cases. These are reserved for criminal acts that society is trying to discourage.

A medical malpractice lawsuit begins by filing in the court of an administrative summons. The parties then engage in discovery. This is a process in which the defendant and plaintiff take oaths to make statements. This could involve asking for medical records and depositions of the parties involved in a lawsuit, and interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the doctor was under a legal duty to provide healthcare and treatment to the patient. The second is that the doctor violated that duty by failing to adhere the medical standard of care. The third element is that the breach caused injury to the patient.

It is important to note that the statute of limitations (the legally defined time period within which a medical malpractice 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 on the date that the underlying cause of medical malpractice occurred.