What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the negligence of a healthcare worker. The patient (or his or her estate in the event of death) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements to win the case:

Duty of care

In any legal claim in any legal matter, the plaintiff must prove that a person or entity owed them a duty of care and failed to perform this obligation. In medical malpractice cases, this involves a physician's duty to provide their patients with the appropriate standards of medical care. Expert testimony is often used to determine this.

Expert witnesses help determine the appropriate medical standards. They then explain how a doctor did not follow those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly responsible for the victim's injuries.

Expert testimony is crucial, as jurors are often unfamiliar with anatomy and have seen a variety of medical dramas. This is especially important in medical malpractice cases as it is often difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers to the level of expertise quality of care, as well as the level of care that other doctors in similar specialties in similar circumstances.

The majority of experts in medical malpractice cases are surgeons or physicians with similar training and board certifications. It isn't easy to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, it is medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and concerns. However, a skilled medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient relationship between you and your doctor that is required to prove a malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they met what is known as the standard of care for doctors with similar training, background and geographical location within your state.

Doctors are required to follow the standards established by their patients without deviation or omission. A breach of that duty means that the doctor did not fulfill those standards and resulted in harm to you.

It is simple to prove that there was a breach of duty by using experts and your attorney's research. Experts can prove that the doctor's actions didn't meet the standards of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans, and prescriptions to make an argument that proves the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase the dangers. To prove the cause of malpractice in a claim an injured patient must prove a direct connection between the alleged negligence and the injury. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious disease is a common error. If doctors fail to detect cancer or another disease it could result in severe consequences for the patient. In this case the patient may suffer inexpensive suffering and possibly even death. In the absence of diagnosing the condition correctly the doctor could have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in their treatment of you can be a long and complicated process. The evidence you require could be from many sources, including medical reports and test results, as along with expert testimony from witnesses and oral depositions. Your lawyer can assist you locate and interpret the evidence and also assist you during the deposition process.

It is crucial to remember that only healthcare professionals are liable for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to act in accordance with the current standards of care. A medical malpractice attorneys professional must be able of predicting consequences based on his or her education and skills.

Damages

In medical malpractice claims, courts hear about monetary damages intended to compensate the victim. These damages could include past or future medical bills and lost wages in the event of pain and discomfort disfigurement or loss of enjoyment living. In some instances the punitive damages may be awarded; these are reserved for particularly egregious conduct that society has an interest in preventing.

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

One of the first things to establish in a medical malpractice case is that the physician had the legal obligation of providing medical care and treatment to the patient. The second aspect is that the doctor breached this obligation by failing to follow the medical standard of practice. The third aspect is whether the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state the 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 occurred.