What Is a Medical Malpractice Claim?

A medical malpractice case is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate in the event of death) must prove that the negligence caused injury or harm.

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

Duty of care

In any legal action, the plaintiff has to demonstrate that a third party or entity had a responsibility to them under a duty of care and failed to meet that duty. In medical malpractice cases, it is the responsibility of medical professionals to provide the proper level of care to their patients. This is usually determined by expert testimony.

Expert witnesses can help determine proper standards for medical practice and then demonstrate the ways in which a physician has deviated from these standards in treating patients. A medical malpractice lawyer for a plaintiff must then prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is crucial because jurors generally are not aware of anatomy and Medical Malpractice Lawyer are exposed to many medical malpractice law firms dramas. This is especially important when it comes to medical malpractice claims, as it isn't easy to establish a minimum standard of care. In a medical malpractice lawsuit the standard refers the level of competence in the field, the quality of care provided and the degree of diligence other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons with similar training and accreditation. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another), it can be challenging to find a qualified expert willing to defend a colleague against the care that is not up to par.

Breach of duty

If a doctor commits an error that harms the patient, it is medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. However, a reputable medical malpractice lawyer will look into the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your doctor that is required for any malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors of similar training, experience and geographic location in your state.

Physicians have a duty to follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor did not meet your expectations, and this has caused you injury.

It is simple to establish an infraction of duty with the assistance of experts and your attorney's research. Experts can testify the doctor's actions did not meet the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will review your medical records and test results, prescriptions and imaging scans to build a solid case that the breach of duty by your doctor directly led to your injuries.

Causation

All treatments come with a degree of risk, but medical errors can increase the risks. In order to prove causality, the injured patient has to show an unambiguous connection between the alleged negligence of a doctor and their injuries. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors can include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer or other conditions may have serious implications for a patient. In this instance, the patient could suffer unnecessary pain and even end up dying. In the absence of diagnosing the condition properly, the doctor may have committed a lapse of judgment.

Proving that a hospital or doctor has treated you in a negligent manner can be a long and tedious process. The evidence needed could include many sources, such as medical records and test results as in addition to expert testimony from witnesses and oral depositions. Your attorney can help you obtain and interpret this evidence, and also represent you during the deposition process.

It is also important to remember that only healthcare professionals is liable for misconduct. In contrast to receptionists in medical centers, doctors and nurses must act in accordance to the standard of care. A medical malpractice attorneys professional must be able of predicting the outcome based on her education and skills.

Damages

In medical malpractice cases, judges will hear about monetary settlements intended to pay compensation to injured patients. These types of damages can include future and past medical bills as well as lost wages, disfigurement, pain and suffering and loss of enjoyment of life. Punitive damages can be awarded in a few cases. These are awarded only to criminal acts that society is trying to deter.

A medical malpractice case starts with the filing in the court of an administrative summons. Then, the parties will engage in discovery, a procedure that requires the plaintiff and defendants will make public statements under oath. This can include seeking medical records or other documents taking depositions of those involved in a lawsuit, and interviewing witnesses.

One of the first things to establish in a medical malpractice case is that the doctor had a legal duty to provide medical care and treatment to the patient. The other element to establish is that the doctor violated the duty by failing to follow the medical standard of care. The third factor is that the breach resulted in harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ from state to 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.