What Is a Medical Malpractice Claim?

A medical malpractice case is brought by an individual who is unhappy with the carelessness 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. The patient who is affronted must prove four legal aspects to win a case:

Duty of care

To establish a legal claim, a plaintiff needs to demonstrate that he/she was owed a duty of duty by an individual or a company and that they failed to fulfill the obligation. In medical malpractice cases it is a physician's obligation to provide their patients with the appropriate standard of care. This is typically determined through expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then explain how a doctor departed from these standards in treating patients. A plaintiff's medical malpractice attorney must then show that this 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 numerous medical dramas. This is especially relevant in medical malpractice cases as it is difficult to establish a proper standard of care. In a medical malpractice case the standard of care is referred to the level of expertise of the practitioner, the quality of treatment, and the level of diligence displayed by other doctors in comparable specialties in similar situations.

Experts in medical malpractice cases are typically surgeons or doctors with similar training and accreditation. It can be difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. A competent medical malpractice lawyer will investigate your case to determine whether a doctor has violated their obligation to you.

Your attorney will determine if the relationship was between a doctor and patient you and your physician which is essential for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine the level of care in your state for doctors with similar training, background and geographical location is in place.

Physicians have a duty to respect the standards established by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations and this failure resulted in injury to you.

Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions didn't meet the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will scrutinize your medical documents, test and prescription results, imaging scans, and prescriptions to create a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the causation of a malpractice claim the injured person must establish a direct connection between the negligence alleged and their injuries. In many instances, expert testimony is required as well as assistance from a medical malpractice attorney.

Medical errors can include, for example, misdiagnosing serious illnesses or conditions. If a doctor fails to recognize cancer or other conditions may have serious implications for patients. In this case the patient may suffer in pain that is not needed and could even end up dying. The doctor could have committed a mistake by not diagnosing the issue properly.

Finding out if your doctor or hospital was negligent in their treatment of you can be a long and complicated process. Evidence may come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you locate and interpret the 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. Unlike receptionists at medical centers nurses and doctors must act in accordance with prevailing standards of care. A medical professional must be able to predict the consequences of his or their education and experience.

Damages

In medical malpractice cases the courts consider monetary damages that are intended to compensate the victim. These damages can include the cost of medical malpractice lawyers bills in the past or in the future, loss of wages as well as pain and discomfort, disfigurement or loss of enjoyment of living. In certain cases punitive damages could also be awarded; these are reserved for particularly egregious conduct that society is interested in deterring.

A medical malpractice lawsuit typically starts with the filing of an civil summons and complaint in court. The parties then engage in discovery. It is a process that requires both parties to make statements under oath. This may include the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

In a claim for medical malpractice, it is important to prove that the doctor was legally obligated to provide care and treatment to the patient. The second thing to prove is that the doctor did not fulfill the obligation by failing to adhere to the medical standard of care. The third aspect is whether the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which an action for medical malpractice must be filed) vary from state states. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.