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A medical malpractice lawyer malpractice lawsuit is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or estate in the instance of a deceased patient must prove that the negligence caused injury or harm.
In general, lawsuits alleging medical negligence are filed in state trial court. The aggrieved patient must prove four legal elements in order to win a case:
Duty of care
To establish a legal claim, a plaintiff must demonstrate that he/she was in the position of being owed a duty by an individual or a company and that they failed to fulfill the obligation. In the case of medical negligence, it is the responsibility of medical professionals to provide the appropriate level of care to their patients. This is typically determined through expert testimony.
Expert witnesses help to determine the appropriate medical standards and then demonstrate how a doctor violated the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injury.
Expert testimony is vital because jurors generally are not aware of anatomy, and they watch a lot of medical dramas. In medical malpractice claims this is especially important as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers the level of expertise quality of care, as well as the level of care that other doctors in similar specialties in similar circumstances.
Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors to not testify against one another), it is often difficult to find an expert with the qualifications to defend a colleague against poor care.
Breach of duty
If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be difficult to prove since they are based on complicated laws and issues. A good medical malpractice attorney will review your case to determine if the doctor has violated their obligation to you.
Your attorney will establish a doctor-patient relationship between you and your physician, which is necessary for any malpractice claim. Your attorney will also review your physician's actions and decisions to determine if they met what is known as the standard of care for doctors of similar education, background and geographic location in your state.
Doctors are required to follow the standards established by their patients without omission or deviation. If they violate this duty, it means that the doctor did not fulfill those expectations and that failure resulted in injury to you.
It is easy to prove that there was a breach of duty with the assistance of expert witnesses and your attorney's investigation. Those experts can testify as to how the doctor's actions didn't meet the standard of care and then explain how a medical professional in similar circumstances would have performed differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans, and prescriptions to build an argument that the breach of duty by your physician directly caused your injuries.
Causation
Medical errors can increase the dangers of a wide range of treatments. To prove the causation of a malpractice claim the patient who has been injured must prove a direct connection between the alleged negligence and their injuries. In many cases, expert witness is required, along with assistance from a medical malpractice attorney.
Medical errors can be errors in diagnosis, such as misdiagnosing serious illnesses or conditions. If a doctor fails to recognize cancer or any other medical condition, can have serious consequences for a patient. In this case the patient may suffer unnecessarily pain and may even end up dying. The doctor medical Malpractice Attorney may have committed malpractice by not diagnosing the issue properly.
Proving that your doctor, or hospital was negligent in the treatment you received can be a long and complicated process. The evidence needed could include many sources, such as medical records and test results as and expert witness testimony and oral depositions. Your attorney can help you gather and interpret the evidence, as well as assist you during the deposition process.
It is important to note that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists at medical centers, are expected to follow the current standards of care. A medical professional must be able to predict the outcome based on their education and experience.
Damages
In medical malpractice claims the courts are able to determine monetary damages to compensate the injured patient. 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. In some cases, punitive damages are awarded in a few cases. They are only awarded to the most egregious of actions that society would like to deter.
A medical malpractice case usually begins with filing a civil summons or complaint in court. The parties will then proceed to discovery. This is in which the defendant and plaintiff give statements under oath. This could involve asking for medical records and depositions of the parties who are involved in a lawsuit and interviewing witnesses.
In a medical malpractice case it is vital to establish that the doctor was legally obligated to provide treatment and care to the patient. The second is that the doctor violated that duty by not adhering to the standard of medical practice. The third element 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 must be filed) differ from state the state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.
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