What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the carelessness of a healthcare professional. The patient, or his or her estate in the case of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

Lawsuits alleging medical malpractice are usually 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 must demonstrate that a third party or entity had a legal obligation to care and failed to perform this obligation. In the case of medical malpractice this is the physician's obligation to provide their patients with the appropriate standard of treatment. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining the proper standards for medical treatment and then reveal the ways in which a physician has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly responsible for the victim's injuries.

Expert testimony is essential for jurors, since the majority of jurors do not have a good understanding of anatomy, and they watch several medical dramas. In medical malpractice claims, this is particularly important because it can be difficult to establish the standard of care. In the context of a medical malpractice case, the standard of care refers to the skill level as well as the quality of treatment and the level of dedication possessed by other doctors with similar specialties under similar circumstances.

Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same qualifications and board certifications. It isn't easy to locate an expert willing to testify about poor medical care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that hurts the patient, this is considered medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are challenging to prove due to complicated laws and concerns. However, a qualified medical malpractice lawyer will examine the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will prove that there was a doctor-patient connection between you and your physician which is required in any malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they complied with what is known as the standard of care for medical Malpractice law firm doctors with similar education, background and geographical location in your state.

Physicians have a responsibility to their patients to follow these standards without omission or deviation. A breach of duty means that the doctor didn't meet your expectations, and this has resulted in injury.

It is simple to prove that there was a breach of duty with the assistance of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions weren't in line with the standard of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans and prescriptions to create an argument that the breach of duty committed by 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 the cause of malpractice in a claim the patient who has been injured must establish a direct connection between the negligence alleged and their injury. In many cases, expert witness is required along with the assistance of an attorney who specializes in medical malpractice.

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 can have severe consequences for the patient. In this case the patient may suffer unnecessary pain and even end up dying. The doctor may have committed malpractice by not diagnosing the issue properly.

Finding out if your doctor or hospital was negligent in their treatment of you isn't easy and takes a lot of time. Evidence can come from a number of sources, including medical records, test results, expert witness testimony and depositions. An attorney can help you find and interpret the evidence, and also represent you during the deposition process.

It is also important to note that only a healthcare professional is liable for misconduct. Nurses and doctors, in contrast to receptionists at medical centers, are expected to follow the current standards of medical care. This means that a medical professional should be able to anticipate the consequences based on their skills and knowledge.

Damages

In medical malpractice lawsuits the courts consider monetary damages to compensate the patient who was injured. These damages may include past and future medical bills loss of wages, pain and suffering, disfigurement, and loss of enjoyment of life. In certain cases punitive damages can also be awarded; these are reserved for particularly serious conduct that society has an interest in deterring.

A medical malpractice lawsuit begins with the filing in court of a civil summons. The parties then proceed to discovery. This is in which the defendant and plaintiff take oaths to make statements. This could include requesting the exchange of documents, such as Medical malpractice law Firm records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is vital 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 acted in breach of the duty by failing to follow the medical standard of care. The third aspect is whether the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice must be filed) differ 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.