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A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient (or the estate of the patient in the event of death) must show that the negligence resulted in injury or harm.
In general, lawsuits alleging medical negligence are filed in state court. The patient who is affronted must prove four legal elements to prevail in the case:
Duty of care
In any legal case, the plaintiff needs to prove that a person or entity had a legal obligation to care and then failed to fulfill this duty. In medical malpractice cases, it is the responsibility of doctors to provide the highest standard of care for their patients. This is usually determined through expert testimony.
Expert witnesses can help determine the proper standards for medical treatment and then reveal the ways in which a physician has deviated from these guidelines when treating patients. A plaintiff's medical malpractice attorney must prove that the deviation was directly at fault for the injury suffered by the victim.
Expert testimony is essential since jurors typically are not aware of anatomy, medical malpractice law firms and they watch numerous medical dramas. This is especially relevant in medical malpractice claims as it is often difficult to establish a standard of care. In a medical malpractice lawsuit the standard is the level of competence, quality of care and degree of diligence that other physicians in similar specialties possess in similar circumstances.
In general, experts in medical malpractice claims are fellow surgeons or doctors with similar qualifications and board certifications. It isn't easy to find an expert willing to testify against substandard treatment because of the "conspiracy" of silence among doctors.
Breach of duty
When a doctor makes an error that causes harm to the patient, it is medical malpractice. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. An experienced medical malpractice attorneys malpractice attorney will examine your case to determine if a doctor has violated their obligation to you.
Your attorney will establish a doctor-patient relationship existed between you and your physician which is a requirement for any malpractice claim. Your attorney will also review your physician's actions and decisions to determine whether they complied with what is known as the standard of care for doctors of similar training, background and geographical location in your state.
Physicians have a responsibility to their patients to abide by these standards without deviation or omission. Breaching that duty means the doctor did not fulfill the expectations of his patients and resulted in harm to you.
It is simple to establish an infraction of duty with the help of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions didn't meet the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to build a convincing case that the breach of duty by your doctor directly contributed to your injuries.
Causation
Medical errors can increase the dangers of many treatments. In order to prove causation, an injured patient must establish a direct connection between the negligence of the doctor Medical Malpractice law Firms and their injuries. In many instances, expert testimony is required as well as assistance of an attorney for medical malpractice.
Medical errors could include, for example, misdiagnosing serious diseases or conditions. The failure of a doctor to recognize cancer or any other medical condition may have serious implications for patients. In this instance the patient could be suffering in pain that is not needed and could even die. The doctor could have committed a mistake by not diagnosing the condition properly.
Proving that a medical professional or hospital treated you negligently is a lengthy and difficult process. Evidence could come from number of sources, including medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you find and interpret this evidence and also assist you during the deposition process.
It is important to know that only healthcare professionals are liable for malpractice. Nurses and doctors, as opposed to receptionists in medical centers, are expected to follow the current standards of medical care. That means that Medical Malpractice Law Firms professionals must be able to predict the effects from their skills and knowledge.
Damages
In medical malpractice cases, the judges will hear about monetary settlements intended to help injured patients. The damages may include future or past medical bills as well as loss of earnings, pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages may be awarded in some cases. These are reserved for criminal acts that society is trying to deter.
A medical malpractice case begins with the filing in court of a civil summons. The parties then engage in discovery, a procedure that requires the plaintiff and defendants make statements under the oath. This can include requesting the exchange of documents like medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.
One of the most important elements to prove in a medical malpractice case is that the physician had the legal obligation to provide care 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 resulted in harm to the patient.
It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ from state state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.
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