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A medical malpractice claim is filed by the patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate if the patient has passed away) must prove that the negligence resulted in injury or harm.
In general, lawsuits that claim medical negligence are filed in state court. The patient who is aggrieved must demonstrate four legal elements to win the case:
Duty of care
In any legal matter, the plaintiff has to demonstrate that an individual or entity owed them a duty of care and did not fulfill that obligation. In medical malpractice cases, it is the responsibility of a doctor to provide the highest quality of care to their patients. Expert testimony is often used to establish this.
Expert witnesses help determine the appropriate medical standards. They then show how a doctor did not follow these standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice must show that the deviance caused the victim's injuries.
Expert testimony is vital, as jurors are often unfamiliar with anatomy and have watched a number of medical dramas. In the case of medical malpractice this is especially important since it can be difficult to establish the appropriate standard of care. In a medical malpractice case, the standard refers to the level of competence in the field, the quality of care provided and the degree of diligence that other doctors in similar specialties possess in similar circumstances.
Experts in medical malpractice cases are typically surgeons or doctors who have the same training and certification. It can be difficult to locate an expert willing to testify about substandard care due to the "conspiracy" of silence among doctors.
Breach of duty
When a doctor commits an error that hurts the patient, this is considered medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be complicated issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will review the facts of your case to determine if a doctor violated his or her duty to the patient.
Your attorney will determine if there was a doctor-patient connection between you and your physician which is a requirement in any malpractice claim. Your attorney will look into your physician's decisions and actions to determine whether the standard of care in your state for doctors who have similar training, background and geographical location is met.
Physicians have a duty to respect the standards set forth by their patients without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure resulted in injury to you.
Proving a breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify to the reasons why the doctor's actions did or did not conform to the standards of care and then explain how a medical professional in similar circumstances might have different actions. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records and test results, medical malpractice lawyers prescriptions and imaging scans to build a solid case that the breach of duty of your physician directly caused your injuries.
Causation
Medical errors can increase the risks of a wide range of treatments. To prove causality, the injured patient must prove an immediate connection between the alleged negligence of the doctor and the injury. In many instances, this requires expert testimony and the assistance of a lawyer for medical malpractice.
Medical errors can include the misdiagnosis of serious diseases or conditions. If the doctor fails to identify cancer or another disease it could result in severe consequences for the patient. In this instance the patient may suffer in pain that is not needed and could even die. By failing to diagnose the condition properly, the doctor may have committed a lapse of judgment.
Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence can come from a variety sources, Medical Malpractice Lawyers such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you obtain and interpret the evidence and also assist you during the deposition process.
It is crucial to remember that only healthcare professionals are liable for malpractice. Contrary to receptionists at medical facilities nurses and doctors must act in accordance with the current standards of care. That means that medical professionals must be able to foresee consequences from their skills and knowledge.
Damages
In medical malpractice cases, courts will consider monetary settlements intended to pay injured patients. These damages can be based on the cost of medical bills in the past or in the future, loss of wages as well as pain and discomfort, disfigurement or loss of enjoyment living. In some cases punitive damages can also be awarded; these are reserved for the most egregious actions that society is interested in preventing.
A medical malpractice Lawyers malpractice lawsuit begins by filing in the court of a civil summons. The parties will follow up with discovery. This is a process in which the defendant and plaintiff take oaths to make statements. This could involve requesting the exchange of documents like medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.
In a medical malpractice claim it is vital to establish that the doctor was legally obligated to provide treatment and care to the patient. The second aspect to establish is that the doctor violated the duty by failing to follow the medical standard of care. The third element is whether the breach resulted in injury to the patient.
It is important to note that the statute of limitations (the legally-defined period within which a medical malpractice claim must be filed) differs 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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