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A medical malpractice case is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or his or her estate in the case of a deceased patient must prove that the negligence caused injury or harm.
In general, lawsuits claiming medical negligence are filed in the state trial court. To prevail in a lawsuit the party seeking to be harmed must prove four elements of law:
Duty of care
In order to prove a legal claim, a plaintiff needs to demonstrate that they was legally obligated to perform a duty by a person or an organization and that they failed to meet it. In medical malpractice cases this is the obligation of doctors to provide the highest standard of care to their patients. Expert testimony is often used to determine this.
Expert witnesses can assist in determining the proper standards for medical treatment and then reveal how a doctor departed from these standards in treating the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly responsible for the victim's injuries.
Using expert testimony is essential, as most jurors have only a basic understanding of anatomy and are exposed to a lot of medical dramas. This is especially important in medical malpractice cases as it is difficult to establish a minimum standard of care. In the context of a medical malpractice case, the standard of care refers to the level of expertise of the practitioner, the quality of treatment, and degree of diligence possessed by other physicians in similar specialties in similar circumstances.
Typically, experts in medical malpractice cases are surgeons or physicians who have the same training and board certifications. It can be difficult to find an expert who is willing to testify about substandard treatment because of the "conspiracy" of silence among doctors.
Breach of duty
When a doctor makes an error that hurts the patient, this is considered medical malpractice. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a qualified medical malpractice lawyer will look into the facts of your case and determine if a doctor violated his or her obligation to the patient.
Your attorney will establish a doctor/patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar backgrounds, training and Medical Malpractice Lawyer geographical location is met.
Physicians are required by their patients to adhere to these standards, without deviation or omission. A breach of that duty means that the doctor failed to meet those standards and caused harm to you.
It is simple to establish an infraction of duty by using experts and your attorney's research. Experts can testify that 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 examine your medical records and test results, prescriptions and imaging scans to create a solid case that your physician's breach of duty directly caused your injuries.
Causation
The majority of treatments carry a degree of risk, but medical errors can add to those risks. To prove the causality, a patient who has suffered an injury must demonstrate an immediate connection between the negligence of the doctor and their injury. In many instances this requires expert testimony and the assistance of a medical malpractice lawyer.
Medical errors could include, for example, misdiagnosing serious illnesses or conditions. If the doctor fails to identify cancer or another disease this could have serious consequences for the patient. In this situation the patient could experience unnecessary suffering and even death. The doctor could have committed malpractice by not properly diagnosing the condition.
Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence could come from a variety of sources, including medical malpractice lawyers records, test results, expert witness testimony and depositions. Your attorney can assist you in obtaining and interpreting the evidence as well as assisting you during the process of depositions.
It is also important to note that only healthcare professionals is liable for misconduct. Unlike receptionists at medical centers nurses and doctors must act in accordance to the standard of care. A medical professional should be able to anticipate consequences based on his or qualifications and education.
Damages
In medical malpractice lawsuits the courts are able to determine monetary damages intended to compensate the injured patient. These types of damages can include past and future medical bills and lost wages, as well as the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages may be granted in certain cases. They are only awarded to those who commit crimes that society wishes to discourage.
A medical malpractice case usually begins with filing an civil summons and complaint in court. The parties will then begin discovery. This is that requires both parties to make statements under oath. This could involve requesting documents like medical records and depositions of the parties who are involved in a lawsuit and interviewing witnesses.
In a medical malpractice claim it is vital to prove that the physician was legally obligated to provide medical treatment and care to the patient. The second element to prove is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third factor is that the breach resulted in harm to the patient.
It is important to know that the statutes of limitations (the legally-defined time period within which an action for medical malpractice must be filed) vary from state to state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.
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