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A medical malpractice claim is the patient complaining of carelessness by a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to win a 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 duty. In the case of medical negligence, it is the duty of medical professionals to provide the proper standard of care for their patients. Expert testimony is often used to establish this.
Expert witnesses can help determine proper standards for medical treatment and then reveal how a doctor has deviated from these standards when treating a patient. A lawyer representing a plaintiff for medical malpractice must then establish that the deviation was responsible for the victim's injuries.
Expert testimony is essential since jurors are often not familiar with anatomy and have watched a lot medical dramas. In medical malpractice claims, this is particularly important because it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers the level of competence in the field, the quality of care provided and the degree of diligence other doctors in similar specialties have under similar circumstances.
Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar 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 admit to a case against each other) It is often difficult to find a qualified expert willing to testify against a colleague regarding poor care.
Breach of duty
Medical malpractice happens when a doctor is negligent and hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims can be complicated issues and laws, which makes them difficult to prove. However, a skilled medical malpractice lawyer will examine the facts of your case to determine if a doctor violated his or her duty to the patient.
Your attorney will establish that there was a doctor-patient relationship between you and your physician, which is a requirement in any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine if they met what is referred to as the standard of care for doctors with similar training, background and geographic location in your state.
Physicians have a duty to follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations and this failure resulted in injury.
It is simple to prove that there was a breach of duty by using expert witnesses and your attorney's investigation. Those experts can testify as to the reasons why the doctor's actions didn't meet the standards of care and describe how a different medical professional in similar circumstances might have different actions. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions to make a strong case that the breach of duty committed by your physician directly caused your injuries.
Causation
Medical errors can increase the dangers of a wide range of treatments. To prove the causation of a malpractice claim an injured patient must demonstrate a direct link between the negligence alleged and their injuries. In many instances, expert testimony is required, along with assistance from an attorney who specializes in medical malpractice.
For instance, misdiagnosing an illness or disease is a common error. If doctors fail to recognize cancer or another condition, it can have severe consequences for the patient. In this case the patient could suffer inexpensive suffering and possibly even death. The doctor could have committed a mistake by not diagnosing the problem properly.
Proving that a hospital or doctor treated you negligently isn't easy and takes a lot of time. The evidence required could come from various sources, such as medical records and test results, as along with expert witness testimony and oral depositions. An attorney can help you find and interpret the evidence as well as represent you during the deposition process.
It is important to note that only healthcare professionals can be sued for negligence. Unlike receptionists at medical centers nurses and doctors are expected to behave in accordance to the standard of care. This means that a medical professional must be able to foresee consequences based on their skills and education.
Damages
In medical malpractice cases, the courts will consider monetary settlements intended to compensate injured patients. These damages could include past and future medical bills and lost wages, as well as the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases punitive damages can also be awarded. These are reserved for particularly serious actions that society is interested in deterring.
A medical malpractice case starts by filing in the court of a civil summons. The parties will then engage in discovery. It is a process where the plaintiff and defendants are required to give testimony under oath. This may include requesting documents like medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.
In a medical malpractice case, it is important to prove that the doctor was legally obligated to provide medical treatment and care to the patient. The second thing to prove is that the doctor acted in breach of that duty by failing to follow the medical standard of care. The third element is that the breach caused injury to the patient.
It is crucial to understand that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice has to be filed) vary from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice took place.
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