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A medical malpractice lawsuit is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or Medical Malpractice his or her estate if the patient died) must prove that the negligence caused injury or harm.
Lawsuits alleging medical malpractice are typically filed in state trial courts. To prevail in a lawsuit, the party seeking to be harmed must prove four elements of law:
Duty of care
To prove a legal claim, the plaintiff must demonstrate that they was obliged to perform a task by another person or organization and that they failed to meet it. In medical malpractice cases it is a physician's duty to provide their patients with the right standards of medical care. This is typically determined through expert testimony.
Expert witnesses help to determine the correct medical standards, and then demonstrate how a doctor did not follow those standards in their treatment of the patient. A plaintiff's medical malpractice - content, attorney must then prove that this error was directly responsible for the victim's injury.
Expert testimony is essential since jurors typically do not have a good understanding of anatomy and are exposed to a lot of medical dramas. In medical malpractice claims this is crucial because it is often difficult to establish the standard of care. In the context of a medical malpractice case, the standard of care is referred to the level of skill as well as the quality of treatment and degree of diligence possessed by other doctors with similar areas of expertise in similar circumstances.
In general, experts in medical malpractice cases are surgeons or fellow doctors with similar qualifications and board certifications. It isn't easy to find an expert who is willing to testify against substandard treatment because of the "conspiracy" of silence among doctors.
Breach of duty
Medical malpractice happens when a doctor is negligent and hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are complicated laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will look into the circumstances of your case and determine whether a doctor breached his or her duty to the patient.
Your attorney will determine if a doctor-patient relationship existed between you and your doctor, which is required for any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine whether they complied with what is known as the standard of care for doctors with similar training, background and geographical location in your state.
Doctors are required to follow the standards set forth by their patients without omission or deviation. Breaching that duty means the doctor failed to meet these standards and caused injury to you.
It is easy to prove a breach of duties by using expert witnesses and your attorney's research. Experts can testify the doctor's actions did not meet the standards of medical care and explain why a different medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans and prescriptions to build an argument that the breach of duty by your doctor directly caused your injuries.
Causation
Medical errors can increase the risks of a wide range of treatments. In order to prove causation, an injured patient has to show an unambiguous connection between the negligence of the doctor and the injury. In many cases this requires expert testimony and the help of a medical malpractice lawyer.
For example, not diagnosing a condition or a serious illness is a common medical error. If a doctor fails to recognize cancer or any other medical condition may have serious implications for the patient. In this scenario the patient may suffer inexpensive suffering and possibly even death. The doctor may have committed a malpractice by not properly diagnosing the condition.
Proving that a hospital or doctor has treated you in a negligent manner isn't easy and takes a lot of time. The evidence required could come from various sources, including medical records and test results, as and expert testimony from witnesses and oral depositions. Your lawyer can help you with obtaining and interpreting this evidence, as being your advocate during the process of depositions.
It is crucial to remember that only healthcare professionals can be sued for negligence. Doctors and nurses, unlike receptionists in medical centers, are expected to adhere to current standards of treatment. Medical professionals should be able to predict consequences based on his or her education and skills.
Damages
In medical malpractice cases the courts consider monetary damages that are designed to compensate the victim. These damages could include past and future medical bills, lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages can be granted in certain cases. They are only awarded to egregious acts that society wants to deter.
A medical malpractice case usually begins with filing a civil summons and complaint in court. Then, the parties will engage in discovery, a process where the plaintiffs and defendants disclose statements under swearing. This could involve asking for medical records as well as deposing parties involved in a lawsuit, and interviewing witnesses.
One of the first things to prove in a medical malpractice case is that the doctor had the legal obligation to provide healthcare and treatment to the patient. The second is that the doctor breached his obligation by failing to follow the medical standards of practice. The third factor is whether the breach caused injury to the patient.
It is important to know that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice has to be filed) differ from state states. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice occurred.
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