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 his or her estate in the event of death) must prove that the negligence resulted in injury or harm.

In general, lawsuits that claim medical negligence are filed in state court. The aggrieved patient must prove four legal elements in order to win a case:

Duty of care

In any legal claim the plaintiff must demonstrate that an individual or entity was liable to them for medical malpractice Lawyer a duty of care and then failed to meet that obligation. In the case of medical malpractice this is the physician's obligation to provide their patients with a proper standard of treatment. This is typically determined through expert testimony.

Expert witnesses help to determine the appropriate medical standards. They then explain how a doctor deviated from the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this error was directly responsible for the victim's injuries.

Expert testimony is vital because jurors generally do not have a good understanding of anatomy and are exposed to several medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the appropriate standard of care. In a medical malpractice case the standard refers to the level of skill in the field, the quality of care provided and the level of diligence that other physicians in similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have the same training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against one another), it isn't easy to find an expert who is qualified to defend a colleague against the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor commits a mistake that harms the patient. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your physician which is essential to prove a malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine if they met what is known as the standard of care for doctors with similar education, background and geographical location in your state.

Doctors owe it to their patients to abide by these standards, without deviation or omission. Breaching that duty means the doctor failed to meet those standards and caused harm to you.

Proving the breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions do not conform to the standards of care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty committed by your physician directly led to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. In order to prove causality, the injured patient must prove an immediate connection between the negligence of the doctor and their injuries. In many cases, this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can include the misdiagnosis of serious ailments or illnesses. If doctors fail to detect cancer or another disease the result could have devastating consequences for the patient. In this scenario, the patient could suffer unnecessarily pain and may even die. 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 you require could be from various sources, such as medical reports and test results as in addition to expert testimony from witnesses and oral depositions. Your attorney can help you obtain and interpret the evidence and also assist you during the deposition process.

It is crucial to remember that only healthcare professionals are liable for malpractice. Nurses and doctors, as opposed to receptionists at medical centers, are expected to adhere to current standards of care. A medical professional must be able of predicting consequences based on his or qualifications and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages to compensate the victim. These damages may include future and past medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. Punitive damages are awarded in some cases. These are reserved for the most egregious of actions that society would like to deter.

A medical malpractice case usually begins with the filing of a civil summons as well as a complaint in the court. Then, the parties engage in discovery, a procedure in which the plaintiff and defendants will make public statements under oath. This could include requesting the exchange of documents like medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case it is vital to prove that the doctor was legally bound to provide medical treatment and care to the patient. The second aspect to prove is that the doctor breached the obligation by failing to adhere to the medical standard of care. The third factor is whether the breach resulted in harm to the patient.

It is important to remember that the statute of limitations (the legally prescribed period 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 underlying act of medical malpractice took place.