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A medical malpractice claim involves a patient who complains of negligence by a healthcare worker. The patient (or his or her estate if the patient died) must show that the negligence led to injury or harm.
In general, lawsuits that claim medical malpractice lawyers negligence are filed in state trial courts. To win a lawsuit, the party who is claiming damages must demonstrate four legal elements:
Duty of care
In any legal case, the plaintiff has to demonstrate that a third party or entity had a responsibility to them under a duty of care and failed to perform this obligation. In medical malpractice cases it is a physician's obligation to provide their patients with the appropriate standard of treatment. Expert testimony is often used to establish this.
Expert witnesses assist in determining the correct medical standards, and then prove that a physician was not following the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the error was directly at fault for the injury suffered by the victim.
Expert testimony is vital, as most jurors do not have a good understanding of anatomy and are exposed to many medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it is often difficult to establish a standard of care. In medical malpractice cases, the standard of care is referred to the level of skill, quality of treatment and the degree of diligence shown by other doctors with similar areas of expertise in similar circumstances.
Experts in medical malpractice cases are usually fellow physicians or surgeons with similar training and accreditation. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors not to testify against one another), it can be difficult to locate an expert with the qualifications to be a witness against a colleague for sub-standard care.
Breach of duty
Medical malpractice occurs when a doctor makes an error that hurts the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will analyze the facts of your case and determine if a doctor has violated his or her duty to the patient.
Your attorney will establish that the relationship was between a doctor and patient you and your doctor, which is required for any malpractice claim. Your attorney will review the decisions and actions of your physician to determine if the standard of care in your state for doctors with similar backgrounds, training, and geographic location is met.
Physicians have a duty to adhere to the standards that are set by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations and caused injury to you.
It is easy to prove the breach of duty with the assistance of experts and your attorney's investigation. Experts can testify that the doctor's actions didn't meet the standard of medical care and explain why another 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 scrutinize your medical records, prescription and test results, imaging scans and prescriptions in order to build an argument that proves the breach of duty by the doctor directly contributed to your injuries.
Causation
All treatments come with a level of risk, but medical errors can add to those dangers. To prove causality, a patient who has suffered an injury must demonstrate an immediate connection between the negligence of the doctor and the injury. In many cases, this requires expert testimony and the help of a medical malpractice lawyer.
For example, misdiagnosing a condition or a serious disease is a common error. If doctors fail to detect cancer or other conditions it could result in severe consequences for the patient. In this situation the patient could experience excessive pain or even end up dying. In failing to recognize the condition correctly the doctor could have committed malpractice.
The process of proving that your doctor or hospital did not treat you properly can be complicated and time-consuming. Evidence could come from variety sources, such as medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you find and interpret this evidence and also assist you during the deposition process.
It is also important to know that only a healthcare professional is liable for negligence. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of medical malpractice attorneys care. This means that medical professionals should be able to foresee consequences in light of their expertise and knowledge.
Damages
In medical malpractice cases, the judges will hear about monetary compensations designed to help injured patients. These damages can be based on past or future medical bills as well as loss of earnings in the event of pain and discomfort disfigurement, or loss of enjoyment living. Punitive damages are granted in certain cases. These are awarded only to egregious acts that society wants to discourage.
A medical malpractice case usually starts with the filing of an civil summons and complaint in court. The parties then engage in discovery. This is a procedure that requires both parties to give statements under oath. This can include asking for medical records, taking depositions of parties involved in a lawsuit, and interviewing witnesses.
In a claim for medical malpractice, it is important to prove that the physician was legally obligated to provide treatment and medical care to the patient. The second part is that the doctor violated that obligation by failing to follow the medical standard of practice. The third factor is whether the breach resulted in harm to the patient.
It is vital to be aware that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to be filed) vary from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice occurred.
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