What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient claiming the negligence of a healthcare professional. The patient, or his or her estate in the case of a deceased patient must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To win a lawsuit, the aggrieved party has to prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff needs to prove that he or she was in the position of being owed a duty by a third party and that they failed to meet it. In the case of medical negligence, it is the obligation of a doctor to provide the appropriate standard of care for their patients. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a physician has strayed from these standards while treating a patient. A medical malpractice lawyer for a plaintiff must then show that this error was directly responsible for the victim's injury.

Expert testimony is vital as jurors are typically not knowledgeable about anatomy and have watched a number of medical dramas. This is particularly important in medical malpractice claims as it isn't easy to establish a reasonable standard of care. In a medical malpractice claim, the standard of care refers to the skill level as well as the quality of treatment and the degree of diligence shown by other physicians in similar specialties in similar situations.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and accreditation. It isn't easy to locate an expert willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. However, a good medical malpractice lawyer will review the facts of your case to determine if the doctor has breached his or her obligation to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your physician, which is required in any malpractice claim. Your attorney will review your doctor's actions and decisions to determine whether the standard of care in your state for doctors with similar backgrounds, training and geographical location is met.

Physicians owe a duty to their patients to observe these standards without deviation or omission. A breach of duty means that the doctor did not meet your expectations, and this has caused injury to you.

It is easy to prove an infraction of duty with the help of expert witnesses and your attorney's investigation. Those experts can testify as to why the doctor's actions did not meet the standards of care and also explain why a different medical professional in similar circumstances would have performed differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to make an argument that proves the breach of duty of your physician directly resulted in your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove the causation of a malpractice claim an injured patient must demonstrate a direct link between the negligence alleged and their injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors could include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another condition this could have serious consequences for the patient. In this instance the patient could be suffering excessive pain or even die. The doctor may be negligent for not diagnosing the condition properly.

The process of proving that your doctor or hospital was negligent in their treatment of you is a lengthy and difficult process. Evidence can come from a range of sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can help you obtain and interpret this evidence as well as represent you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. Contrary to receptionists at medical facilities, doctors and nurses must act according to the standards of care. That means that medical professionals must be able to predict the effects from their skills and education.

Damages

In medical malpractice cases, judges will hear about monetary settlements intended to pay compensation to injured patients. These damages could include future or past medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment of living. Punitive damages may be granted in certain cases. They are reserved for egregious acts that society wants to deter.

A medical malpractice case typically starts with the filing of a civil summons and complaint in court. The parties then engage in discovery, a procedure where the plaintiffs and defendants make statements under the oath. This can include seeking medical records or other documents and depositions of the parties who are involved in a lawsuit and interviewing witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor was under the legal obligation to provide medical treatment and care to the patient. The second aspect is that the doctor breached this duty by failing to adhere the standard of medical practice. The third element is whether the breach caused injury to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice must be filed) differ from state states. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.