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A medical malpractice claim is a patient who complains of the negligence of a healthcare professional. The patient (or his or her estate should the patient die) must prove that the negligence resulted in injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. The aggrieved patient must prove four legal elements in order to win the case:
Duty of care
To prove a legal claim, a plaintiff must demonstrate that he/she was in the position of being owed a duty by another person or organization and that they failed to perform it. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standards of care. This is usually determined by expert testimony.
Expert witnesses can help determine appropriate standards of medical practice and then demonstrate the ways in which a physician has deviated from these standards in treating patients. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injuries.
Expert testimony is essential as jurors are typically not knowledgeable about anatomy and have seen a lot of medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish the standard of care. In a medical malpractice claim, the standard of care is referred to the skill level as well as the quality of treatment and the degree of diligence shown by other physicians in similar specialties in similar situations.
Experts in medical malpractice cases are usually surgeons or doctors who have the same training and certification. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another), medical malpractice lawsuits it is often difficult to find an expert with the qualifications to testify against a colleague regarding sub-standard care.
Breach of duty
Medical malpractice occurs when a physician commits a mistake that harms the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. However, a reputable medical malpractice lawyer will look into the facts of your case and determine if the doctor has breached his or her duty to the patient.
Your attorney will establish a doctor-patient relationship between you and your physician which is required for medical malpractice Lawsuits any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine if they met what is referred to as the standard of care for doctors of similar training, experience and geographical location within your state.
Physicians owe a duty to their patients to follow these standards without omission or deviation. A breach of duty means that the doctor did not meet your expectations and this failure resulted in injury.
It is easy to prove an infraction of duty with the assistance of experts and your attorney's research. Experts can testify the doctor's actions weren't in line with the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to build a solid case that the breach of duty of your physician directly resulted in your injuries.
Causation
Most treatments carry a level of risk, but medical errors can add to those dangers. To prove the cause of malpractice in a claim an injured patient must prove a direct connection between the negligence alleged and their injury. In many instances, expert testimony is required and the assistance from an attorney for medical malpractice.
For example, misdiagnosing a condition or a serious illness is a common error. The failure of a doctor to recognize cancer, or any other condition, can have serious consequences for a patient. In this situation, the patient could suffer unnecessarily pain and may even die. The doctor may have committed a malpractice by not diagnosing the issue properly.
Proving that your doctor, or hospital was negligent in treating you is a lengthy and difficult process. Evidence could come from variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding this evidence, as well as representing you in the process of depositions.
It is also important to know that only healthcare professionals can be sued for negligence. Nurses and doctors, as opposed to receptionists at medical malpractice lawsuits centers, are expected to adhere to current standards of care. This means that medical professionals must be able to anticipate the consequences based on their skills and education.
Damages
In medical malpractice cases, the judges will hear about monetary compensations that are meant to pay compensation to injured patients. These damages can be based on past or future medical bills and lost wages or income, pain and disfigurement, or loss of enjoyment of living. In some cases punitive damages could also be awarded. These are reserved for the most egregious behaviour that society is interested in deterring.
A medical malpractice case starts with the filing in court of a civil summons. The parties then engage in discovery. This is a procedure that requires both parties to give statements under oath. This could include requesting the exchange of documents, such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.
One of the primary elements to prove in a medical negligence case is that the doctor owed the legal obligation of providing medical care and treatment to the patient. The second part is that the doctor breached his duty by failing to adhere the standard of medical practice. The third element is whether the breach caused injury to the patient.
It is important to know that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice must be filed) differ from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice took place.
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