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A medical malpractice case is brought by the patient who complains about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient must demonstrate that the negligence was responsible for injury or harm.
In general, lawsuits that claim medical negligence are filed in state trial courts. To win a lawsuit, the party seeking to be harmed must prove four elements of law:
Duty of care
In any legal matter, the plaintiff has to show that another person or entity had a responsibility to them under a duty of care, and they failed to meet that obligation. In medical malpractice cases, it is the duty of a doctor to provide the highest standard of care to their patients. Expert testimony is typically used to determine this.
Expert witnesses help to determine the appropriate medical standards. They then show how a doctor violated these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly at fault for the injury suffered by the victim.
Expert testimony is essential since jurors typically have only a basic understanding of anatomy and watch several medical dramas. This is particularly relevant in medical malpractice cases as it is often difficult to establish a minimum standard of care. In a case of medical malpractice the standard is the level of expertise and care quality, as well as level of diligence that other doctors in similar specialties in similar circumstances.
Typically, experts in medical malpractice cases are fellow physicians or surgeons with similar training and board certifications. It isn't easy 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 which harms the patient, it is considered medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are complicated laws and issues, making them difficult to prove. A good medical malpractice attorney will review your case to determine if a doctor has violated their obligation to you.
Your attorney will establish that there was a doctor-patient connection between you and your physician which is necessary for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine the level of care in your state for doctors with similar training, background and geographical location is in place.
Physicians have a responsibility to their patients to adhere to these standards without omission or deviation. Breaching that duty means the doctor failed to meet those standards and 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 were not in accordance with the standard of medical treatment and explain why a different medical malpractice law firm professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans in order to construct an argument that the breach of duty of your physician directly caused your injuries.
Causation
The majority of treatments carry a degree of risk, however medical errors can increase the risks. To prove causality, the injured patient must establish a direct connection between the negligence of the medical professional and their injury. In many instances, expert testimony is required as well as assistance from a medical malpractice attorney.
Medical errors can include errors in diagnosis, such as misdiagnosing serious diseases or conditions. If the doctor fails to identify cancer or another disease, it can have severe consequences for the patient. In this instance the patient could experience unnecessarily pain and may even end up dying. The doctor could be negligent for not diagnosing the condition properly.
Proving that your doctor, or hospital was negligent in treating you can be complicated and time-consuming. The evidence required could come from numerous sources, such as medical records and test results, as and expert testimony from witnesses and oral depositions. Your lawyer can assist you locate and interpret this evidence, and also represent you during the deposition process.
It is also important to remember that only healthcare professionals can be sued for misconduct. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to follow the current standards of treatment. That means that medical professionals must be able to foresee consequences from their skills and education.
Damages
In medical malpractice cases, courts will be hearing about financial compensations to pay compensation to injured patients. These damages could include past and future medical bills and lost wages, as well as pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages may be awarded in certain circumstances. These are awarded only to criminal acts that society is trying to deter.
A medical malpractice case starts with the filing in court of a civil summons. Then, the parties will engage in discovery, a procedure that requires the plaintiff and defendants make statements under oath. This may include requesting documents like medical records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.
In a medical malpractice claim it is crucial to prove that the doctor was legally obligated to provide treatment and medical care to the patient. The second aspect to prove is that the doctor did not fulfill the duty by failing to follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.
It is vital to note that the statute of limitations (the legally-defined time frame 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) after the date of the medical malpractice.
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