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A medical malpractice claim is the patient claiming carelessness by a healthcare worker. The patient (or the estate of the patient if the patient died) must prove that the negligence resulted in injury or harm.
Lawsuits alleging medical malpractice are usually filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must demonstrate four legal elements:
Duty of care
To prove a legal claim, a plaintiff has to prove that he or she was legally obligated to perform a duty by another person or organization and that they did not fulfill the obligation. In medical malpractice cases this is the duty of doctors to provide the highest standard of care for their patients. Expert testimony is typically used to determine this.
Expert witnesses can assist in determining the appropriate standards of medicine and then show how a physician has strayed from these standards in treating the patient. A lawyer for a plaintiff's claim for medical malpractice has to demonstrate that the deviation caused the victim's injuries.
Expert testimony is vital, as most jurors have only a basic understanding of anatomy, and they watch many medical dramas. In the case of medical malpractice this is crucial as it is often difficult to establish the standards of care. In a case of medical malpractice the standard is the level of expertise, quality of care and level of care that other physicians in similar specialties can demonstrate under similar circumstances.
Experts in medical malpractice cases are typically surgeons or doctors who have a similar education and accreditation. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against each other) It is often difficult to find a qualified expert willing to defend a colleague against inadequate care.
Breach of duty
Medical malpractice occurs when a doctor commits a mistake that harms the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims involve complex laws and issues, making 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 obligation to the patient.
Your attorney will establish a doctor-patient relation between you and your doctor that is required for any malpractice claim. Your attorney will examine your physician's decisions and actions to determine the level of care in your state for doctors who have similar training, backgrounds and geographical location is in place.
Physicians must follow the standards that are set by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations, and this has caused injury to you.
It is easy to prove that there was a breach of duty with the help of expert witnesses and your attorney's investigation. Expert witnesses can testify to why the doctor's actions did not conform to the standards of care and describe how a different medical professional in similar circumstances might have behaved differently. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will examine your medical records as well as test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty by your doctor directly contributed to your injuries.
Causation
Most treatments carry a degree of risk, however medical errors can add to those dangers. To prove the causation of a malpractice claim the injured person must demonstrate a direct link between the alleged negligence and the injury. In many cases, expert witness is required and the assistance of a medical malpractice attorney.
For example, not diagnosing a condition or a serious illness is a frequent medical error. If a doctor fails to recognize cancer, or any other condition 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 issue properly.
Finding out if your doctor or hospital did not treat you properly isn't easy and takes a lot of time. The evidence required could come from various sources, including medical records and test results, as along with expert testimony from witnesses and oral depositions. Your lawyer can help you with obtaining and interpreting this evidence, as representing you in the process of depositions.
It is crucial to remember that only healthcare professionals can be sued for malpractice. As opposed to receptionists in medical facilities, doctors and nurses must act in accordance to the standard of care. A medical professional must have the ability to predict the consequences of his or her education and skills.
Damages
In medical malpractice cases, judges will hear about monetary compensations designed to compensate injured patients. These types of damages can include future and past medical bills and lost wages, as well as disfigurement, pain and suffering and loss of enjoyment of life. In some cases, punitive damages may also be awarded; these are reserved for the most egregious behavior that society is interested in preventing.
A medical malpractice lawsuit begins with the filing in court of a civil summons. Then, the parties will engage in discovery, a process where the plaintiffs and defendants will make public statements under an oath. This could involve requesting the exchange of documents like medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.
In a medical malpractice claim it is vital to prove that the physician was legally bound to provide care and treatment to the patient. The second element is that the doctor breached this obligation by failing to follow the medical standard of care. The third factor is whether the breach resulted in injury to the patient.
It is important to remember that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs 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 underlying act of medical malpractice occurred.
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