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A medical negligence claim involves the patient claiming negligence by a healthcare worker. The patient, or his or his estate in the event of a deceased patient, must prove that the negligence caused injury or harm.
In general, lawsuits claiming medical negligence are filed in state court. The patient who is affronted must prove four legal elements to prevail in a case:
Duty of care
In any legal matter the plaintiff must demonstrate that a third party or entity was liable to them for a duty of care and did not fulfill that obligation. In the case of medical negligence, it is the duty of doctors to provide the highest quality of care to their patients. This is usually determined through expert testimony.
Expert witnesses can help determine the appropriate standards of medical practice and then demonstrate how a physician has strayed from these standards while treating patients. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly responsible for the victim's injury.
Using expert testimony is essential because jurors generally are not aware of anatomy and have watched a lot of medical dramas. This is especially relevant in medical malpractice cases since it is difficult to establish a standard of care. In a medical malpractice attorney malpractice lawsuit the standard refers the level of competence in the field, the quality of care provided and the level of diligence that other doctors in similar specialties in similar circumstances.
Experts in medical malpractice cases are typically fellow physicians or surgeons who have similar training and certification. It is often difficult to locate an expert willing to testify about poor care due to the "conspiracy" of silence among doctors.
Breach of duty
If a doctor commits an error that hurts the patient, it is medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a reputable medical malpractice lawyer will analyze the facts of your case and determine if a doctor violated his or her obligation to the patient.
Your attorney will determine if a doctor-patient relationship existed between you and your physician which is a requirement for any malpractice claim. Your attorney will scrutinize the actions and decisions of your physician to determine if the standard of care in your state for doctors who have similar training, backgrounds, and geographic location is fulfilled.
Physicians are required to adhere to the standards established by their patients without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure caused injury to you.
Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. These experts can testify that the doctor's actions didn't meet the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will examine your medical records as well as 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
All treatments come with a degree of risk, but medical errors can add to those risks. To prove causality in a malpractice case an injured patient must establish a direct link between the alleged negligence and their injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.
For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. If doctors fail to detect cancer or another disease it could result in severe consequences for the patient. In this case, the patient may experience excessive suffering, and even die. In failing to recognize the problem correctly the doctor could have committed malpractice.
Proving that a doctor or hospital failed to treat you appropriately can be difficult and time-consuming. The evidence needed could include a variety of sources, including medical records and test results as well as expert testimony from witnesses and oral depositions. Your lawyer can help you with obtaining and interpreting the evidence, as well as assisting you during the process of depositions.
It is important to note that only healthcare professionals are liable for malpractice. In contrast to receptionists in medical centers, doctors and nurses must act in accordance to the standard of care. Medical professionals should be able of predicting the outcome based on qualifications and education.
Damages
In medical malpractice cases, the courts will hear about monetary compensations to compensate injured patients. These types of damages can include past and future medical bills loss of wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases, punitive damages may also be awarded; these are reserved for particularly serious behavior that society is interested in preventing.
A medical malpractice claim typically starts with the filing of a civil summons or complaint in the court. The parties follow up with discovery. This is a process which requires the plaintiff and defendants to take oaths to make statements. This could involve requesting the exchange of documents like medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.
One of the first things to prove in a medical malpractice case is that the doctor had a legal duty to provide medical care and treatment to the patient. The second is that the doctor breached this obligation by not adhering to the medical standard of care. The third aspect is that the breach resulted in harm 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, 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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