What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient complaining of the negligence of a healthcare professional. The patient (or the estate of the patient if the patient died) must prove that the negligence led to injury or harm.

In general, lawsuits alleging medical negligence are filed in the state trial court. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal claim, the plaintiff needs to demonstrate that a third party or entity was liable to them for a duty of care, and they failed to fulfill this obligation. In medical malpractice cases, it is the duty of medical professionals to provide the proper standard of care for their patients. Expert testimony is typically used to establish this.

Expert witnesses assist in determining the correct medical standards, and then prove that a physician did not follow the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is vital as jurors are typically unfamiliar with anatomy and Medical Malpractice Attorney seen a variety of medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish the standard of care. In a case of medical malpractice the standard refers the level of expertise and care quality, as well as level of care that other physicians in similar specialties in similar circumstances.

The majority of experts in medical malpractice cases are fellow physicians or surgeons with similar 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 to not be able to testify against each other) It can be difficult to locate an expert with the qualifications to defend a colleague against the care that is not up to par.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. A good medical malpractice attorney will examine your case to determine if the doctor has violated their obligation to you.

Your attorney will establish a doctor-patient relationship existed between you and your physician, which is a requirement in any malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine if they meet what is known as the standard of care for doctors of similar training, experience and geographic location in your state.

Doctors owe it to their patients to adhere to these guidelines without deviation or omission. A breach of duty means that the doctor didn't meet your expectations and caused injury to you.

Proving the breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to why the doctor's actions didn't meet the standards of care and explain how another medical professional in similar circumstances would have performed differently. Your lawyer must also link the breach of duty with your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans and prescriptions in order to build solid evidence that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causality, a patient who has suffered an injury must demonstrate that there is a direct link between the negligence of the doctor and the injury. In many cases, expert witness is required as well as assistance from a medical malpractice attorney.

Medical errors can be errors in diagnosis, such as misdiagnosing serious illnesses or conditions. If doctors fail to recognize cancer or another condition the result could have devastating consequences for the patient. In this scenario the patient could experience unneeded suffering, or even death. In the absence of diagnosing the problem correctly the doctor could have committed a mistake.

Finding out if your doctor or hospital did not treat you properly can be complicated and time-consuming. Evidence can come from a variety sources, such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist in obtaining and understanding the evidence as well representing you in the process of depositions.

It is also important to know that only a healthcare professional is liable for misconduct. Contrary to receptionists at medical facilities, doctors and nurses are expected to operate in accordance to the standard of care. Medical professionals must be able to predict the outcome based on his education and expertise.

Damages

In medical malpractice cases, courts will consider monetary compensations to compensate injured patients. These types of damages can include past and future medical bills, lost wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some cases punitive damages could also be awarded; these are reserved for particularly egregious behavior that society is interested in stopping.

A medical malpractice case begins with the filing in court of a civil summons. The parties will follow up with discovery. This is a process that requires both parties to make statements under oath. This could include requesting the exchange of documents like medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the most important elements to prove in a medical malpractice lawsuits negligence case is that the doctor owed an obligation under law to provide medical treatment and care to the patient. The second element to establish is that the doctor violated that duty by failing to adhere to the medical standard of care. The third factor is that the breach resulted in harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action 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 on which the underlying act of medical malpractice took place.