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A medical negligence claim involves a patient who complains of the negligence of a healthcare professional. The patient (or the estate of the patient if the patient has passed away) must show that the negligence caused injury or harm.
In general, lawsuits claiming medical negligence are filed in state trial courts. In order to win a lawsuit the aggrieved party has to prove four elements of law:
Duty of care
In order to prove a legal claim, the plaintiff must prove that he or she was owed a duty of duty by a person or an organization and that they did not fulfill the obligation. In the case of medical negligence, it is the duty of medical professionals to provide the highest level of care to their patients. Expert testimony is usually used to establish this.
Expert witnesses can assist in determining appropriate standards of medicine and then explain how a physician has strayed from these standards while treating a patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly responsible for the victim's injury.
Using expert testimony is essential since jurors typically are not aware of anatomy and watch several medical dramas. This is particularly relevant in medical malpractice claims as it can be difficult to establish a standard of care. In a medical malpractice case the standard of care is referred to the degree of skill in the treatment, its quality and the level of dedication possessed by other doctors in comparable areas of expertise in similar circumstances.
Experts in medical malpractice cases are usually surgeons or physicians with similar training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another) it isn't easy to find an expert with the right qualifications to be a witness against a colleague for sub-standard care.
Breach of duty
Medical malpractice occurs when a doctor makes an error that hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove because they involve complex laws and issues. A good medical malpractice attorney will investigate your case to determine if the doctor has violated their obligation to you.
Your attorney will prove that a doctor-patient relationship existed between you and your doctor, which is necessary in any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they meet what is referred to as the standard of care for doctors with similar education, background and geographic location in your state.
Physicians are required to adhere to the standards set forth by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations, and this has caused you injury.
Proving the breach of duty generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify to how the doctor's actions didn't meet the standard of care and describe how a different medical professional in similar circumstances might have different actions. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records and test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty by your doctor directly caused your injuries.
Causation
All treatments come with a degree of risk, but medical errors can exacerbate those risks. To prove causation, the patient must prove an unambiguous connection between the alleged negligence of a doctor and their injuries. In the majority of cases, expert testimony is required and the assistance of a medical malpractice attorney.
For example, not diagnosing a condition or a serious disease is a common error. If a doctor fails to diagnose cancer or another condition this could have serious consequences for the patient. In this instance the patient could experience unnecessarily pain and may even end up dying. If the doctor failed to diagnose the problem correctly the doctor could have committed a malpractice.
Proving that your doctor, or hospital was negligent in treating you isn't easy and takes a lot of time. The evidence required could come from many sources, such as medical reports and Medical Malpractice Lawyers test results, as in addition to expert testimony from witnesses and medical malpractice oral depositions. Your attorney can assist you in obtaining and understanding the evidence, as well as assisting you during the process of depositions.
It is vital to understand that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to behave according to the standards of care. This means that a medical professional should be able to foresee consequences in light of their expertise and education.
Damages
In medical malpractice cases, courts will be hearing about financial compensations that are meant to help injured patients. These damages may include past and future medical bills and lost wages, as well as disfigurement, pain and suffering and loss of enjoyment of life. In certain cases, punitive damages may also be awarded. These are awarded to those who have committed particularly indecent actions that society has an interest in stopping.
A medical malpractice lawsuit begins with the filing in court of a civil summons. The parties will then engage in discovery. It is a process that requires both parties to are required to give testimony under oath. This may include seeking medical records or other documents as well as deposing parties involved in a lawsuit as well as interviewing witnesses.
In a case of medical malpractice it is crucial to establish that the doctor was legally bound to provide medical treatment and care to the patient. The other element to establish is that the doctor did not fulfill the duty by failing to adhere to the medical standard of care. The third element is whether the breach caused harm to the patient.
It is important to remember that the statute of limitations (the legally prescribed 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 month (30 months) following the date of the medical malpractice.
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