What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the negligence of a healthcare worker. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. The patient who is aggrieved must demonstrate four legal elements to prevail in a case:

Duty of care

In any legal matter the plaintiff must prove that a person or entity had a responsibility to them under a duty of care, and they failed to fulfill this obligation. In medical malpractice cases, it is the responsibility of medical professionals to provide the right quality of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine the proper medical standards and then demonstrate how a doctor violated those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly responsible for the victim's injury.

Expert testimony is crucial because jurors are usually unfamiliar with anatomy and have watched a lot medical dramas. This is particularly important in medical malpractice claims as it is often difficult to establish a proper standard of care. In a medical malpractice lawsuit the standard is the level of skill, quality of care and level of care that other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have a similar education and accreditation. It isn't easy to find an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes an error that hurts the patient. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will look into the circumstances of your case and determine whether a doctor breached his or her duty to the patient.

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

Physicians have a duty to follow the standards set forth by their patients without deviation or omission. A breach of that duty means that the doctor failed to meet these standards and caused injury to you.

It is easy to prove that there was a breach of duty by using expert witnesses and your attorney's investigation. Those experts can testify as to how the doctor's actions didn't meet the standards of medical care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions in order to build solid evidence that the breach of duty by your physician directly caused your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase those dangers. To prove the causality, a patient who has suffered an injury must prove an immediate connection between the negligence of the doctor and their injuries. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a frequent medical malpractice law firm error. If a doctor fails to recognize cancer or Medical Malpractice Lawyer other conditions can have severe consequences for the patient. In this case the patient could experience unnecessarily pain and may even die. In failing to recognize the condition correctly the doctor could have committed malpractice.

Proving that your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. The evidence needed may include numerous sources, including medical records and test results as along with expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and understanding the evidence, as well being your advocate during the process of depositions.

It is important to keep in mind that only a healthcare professional can be sued for misconduct. In contrast to receptionists in medical centers nurses and doctors are expected to behave in accordance to the standard of care. That means that medical professionals must be able to foresee consequences based on their skills and knowledge.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages intended to compensate the victim. These damages could include future or past medical bills, loss of wages in the event of pain and discomfort disfigurement or loss of enjoyment of living. In some cases punitive damages can also be awarded; these are awarded to those who have committed particularly indecent actions that society has an interest in stopping.

A medical malpractice case starts by filing in the court of a civil summons. Then, the parties engage in discovery, a procedure through which the plaintiff and defendants disclose statements under an oath. This could involve requesting the exchange of documents like medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

In a claim for medical malpractice it is vital to prove that the doctor was legally obligated to provide treatment and medical care to the patient. The second thing to establish is that the doctor acted in breach of that duty by failing to follow the medical standard of care. The third element is that the breach caused harm to the patient.

It is crucial to remember 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, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice took place.