What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or or her estate in the case of a deceased patient, must show that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to win the case:

Duty of care

To prove a legal claim, the plaintiff must demonstrate that he/she was legally obligated to perform a duty by a person or an organization and that they failed to perform the obligation. In medical malpractice cases this is the physician's obligation to provide their patients with the proper standards of medical care. This is typically determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then show how a doctor deviated from the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly responsible for the victim's injury.

Using expert testimony is essential since jurors typically do not have a good understanding of anatomy, and they watch several medical dramas. This is particularly relevant in medical malpractice claims as it can be difficult to establish a reasonable standard of care. In a medical malpractice case the standard refers to the level of expertise quality of care, as well as the degree of diligence that other physicians in similar specialties can demonstrate under similar circumstances.

Typically, experts in medical malpractice cases are surgeons or physicians with similar qualifications and board certifications. It is often difficult to locate an expert willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes a mistake that hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims can be difficult to prove due to complicated laws and issues. However, a reputable medical malpractice lawyer will review the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your physician which is essential to prove a malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar training, experience, and geographic location is in place.

Physicians owe a duty to their patients to follow these standards, without deviation or omission. Breaching that duty means the doctor did not fulfill those expectations and that failure resulted in injury to you.

Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions did not meet the standard of medical care and also explain why another 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 scrutinize your medical records tests, prescriptions, test results and imaging scans to build a solid case that the breach of duty by your doctor directly contributed to your injuries.

Causation

Most treatments come with some level of risk, but medical errors can increase those dangers. To prove the causality, a patient who has suffered an injury must establish a direct connection between the alleged negligence of a doctor and the injury. In many cases this will require expert testimony and the help of a lawyer for medical malpractice.

Medical errors can be the misdiagnosis of serious illnesses or conditions. If a doctor fails to diagnose cancer or another condition, it can have severe consequences for the patient. In this case the patient may suffer inexpensive suffering and possibly even death. By failing to diagnose the problem correctly, the doctor may have committed malpractice.

Proving that your doctor or hospital was negligent in their treatment of you can be a long and complicated process. Evidence can come from a variety of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can assist you in obtaining and interpreting the evidence, as well as representing you in the process of depositions.

It is also important to know that only a healthcare professional can be sued for misconduct. As opposed to receptionists in medical facilities nurses and doctors are expected to operate in accordance to the standard of care. This means that medical professionals must be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice cases, judges will hear about monetary settlements intended to pay compensation to injured patients. The damages may include the cost of medical bills in the past or in the future or wages lost, pain and discomfort, disfigurement, or loss of enjoyment of living. In some instances punitive damages could also be awarded. These are reserved for particularly egregious behaviour that society is interested in preventing.

A medical malpractice case begins by filing in the court of an administrative summons. The parties then engage in discovery. This is where the plaintiff and defendants give statements under oath. This could include the request of medical records, for instance as well as deposing parties involved in a lawsuit and interviewing witnesses.

In a case of medical malpractice it is vital to prove that the doctor was legally obligated to provide medical treatment and care to the patient. The second element to prove is that the doctor Medical Malpractice acted in breach of the duty by failing to follow the medical malpractice law firm standard of care. The third element is whether 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 on which the act that led to medical malpractice took place.