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A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient must show that the negligence caused injury or harm.
Legal actions claiming medical malpractice are typically filed in state trial courts. The patient who is suffering from the injury must prove four legal elements in order to win the case:
Duty of care
In any legal case in any legal matter, the plaintiff must prove that a person or entity had a legal obligation to care and then failed to meet that duty. In the case of medical malpractice, it is the duty of doctors to provide the appropriate quality of care to their patients. This is typically determined through expert testimony.
Expert witnesses can help determine appropriate standards of medicine and then explain how a doctor has deviated from these standards in treating patients. A plaintiff's attorney for medical malpractice must then show that the deviance caused the victim's injuries.
Expert testimony is crucial, as most jurors have only a basic understanding of anatomy, and they watch numerous medical dramas. This is especially important in medical malpractice law firm malpractice claims as it isn't easy to establish a minimum standard of care. In a medical malpractice case, the standard refers to the level of competence in the field, the quality of care provided and the degree of diligence that other physicians in similar specialties can demonstrate under similar circumstances.
Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and accreditation. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not speak against each other) It is often difficult to find an expert with the right qualifications to defend a colleague against sub-standard care.
Breach of duty
When a doctor makes an error which harms the patient, it is medical malpractice. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will review the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.
Your attorney will determine if there was a doctor-patient connection between you and your physician which is a requirement in any malpractice claim. Your attorney will review the actions and decisions of your physician to determine whether the standards of care in your state for doctors who have similar training, background and geographical location is satisfied.
Physicians have a responsibility to their patients to adhere to these standards without omission or deviation. A breach of duty implies that the doctor didn't meet your expectations and this failure resulted in injury to you.
Proving a breach of duty is usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records and test results, prescriptions and imaging scans to build an argument that proves your physician's breach of duty directly led to your injuries.
Causation
Medical errors can increase the risks of many treatments. In order to prove causality, a patient who has suffered an injury has to show an unambiguous connection between the negligence of the doctor and their injury. In many cases, expert testimony is required as well as assistance of an attorney who specializes in medical malpractice.
For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. If doctors fail to detect cancer or other conditions it could result in severe consequences for the patient. In this situation the patient may suffer unnecessary suffering and even death. The doctor could have committed malpractice by not diagnosing the issue properly.
Proving that a hospital or doctor treated you negligently isn't easy and takes a lot of time. The evidence needed could include a variety of sources, including medical reports and test results, as and expert witness testimony and oral depositions. Your lawyer can assist you locate and interpret the evidence, and also represent you during the deposition process.
It is important to note that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists in medical centers, are expected to adhere to current standards of care. Medical professionals should be able to predict consequences based on his or their education and experience.
Damages
In medical malpractice cases courts will hear about financial damages intended to compensate the victim. These types of damages can include past and future medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. These are awarded only to those who commit crimes that society wishes to discourage.
A medical malpractice claim typically begins with filing an civil summons and complaint in the court. The parties will then proceed to discovery. It is a process where the plaintiff and defendants take oaths to make statements. This can include requesting documents like medical records and depositions of the parties who are involved in a lawsuit and interviewing witnesses.
One of the most important elements to establish in a medical malpractice case is that the doctor was under a legal duty to provide medical treatment and care to the patient. The second element to prove is that the doctor breached that duty by failing to adhere to the medical standard of care. The third aspect is that the breach caused injury to the patient.
It is vital to note that the statute of limitations (the legally prescribed period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.
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