What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of the negligence of a healthcare professional. The patient, or his or his estate in the event of a deceased patient must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in the state trial court. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal matter, the plaintiff has to demonstrate that a third party or entity had a responsibility to them under a duty of care, and they failed to meet that obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with the proper standards of care. Expert testimony is usually used to determine this.

Expert witnesses can help determine the proper standards for medicine and then explain the ways in which a physician has deviated from these standards while treating a patient. A plaintiff's medical malpractice attorney must then prove that this error was directly accountable for the injury of the victim.

Expert testimony is crucial, as jurors are often not knowledgeable about anatomy and have seen a lot of medical dramas. In the case of medical malpractice it is crucial as it is often difficult to establish the standards of care. In a medical malpractice claim, the standard of care refers to the degree of skill, quality of treatment and the level of dedication possessed by other doctors in comparable areas of expertise in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors not to admit to a case against each other) It can be difficult to locate a qualified expert willing to defend a colleague against poor care.

Breach of duty

When a doctor makes an error which harms the patient, it is medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are difficult to prove due to complicated laws and issues. However, a skilled medical malpractice lawyer will examine the facts of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor that is required to prove a malpractice claim. Your attorney will review the actions and decisions of your physician to determine whether the standards of care in your state for doctors with similar training, backgrounds and geographical location is satisfied.

Doctors owe it to their patients to follow these standards, without deviation or omission. A breach of duty implies that the doctor did not meet your expectations and resulted in injury.

Proving the breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standard of medical care and explain why another medical professional would have acted 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 and test results, prescriptions and imaging scans to build an argument that proves the breach of duty by your doctor directly contributed to your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. In order to prove causation, the patient must demonstrate an immediate connection between the alleged negligence of a medical professional and their injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

aiken medical malpractice Law firm errors could include, for example, misdiagnosing serious diseases or conditions. If a doctor fails to recognize cancer or other conditions, can have serious consequences for the patient. In this scenario the patient could experience excessive suffering, and even die. If the doctor failed to diagnose the condition correctly, the doctor may have committed a mistake.

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

It is also important to know 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. A medical professional must be able to anticipate the outcome based on her education and skills.

Damages

In medical malpractice cases, courts will be hearing about financial compensations designed to compensate injured patients. These damages may include future and past medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases punitive damages could also be awarded; these are reserved for the most egregious conduct that society has an interest in preventing.

A medical malpractice case typically begins with filing a civil summons or complaint in court. Then, the parties engage in discovery, a process where the plaintiffs and defendants make statements under the oath. This can include seeking medical records or other documents and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim it is crucial to prove that the physician was legally bound to provide treatment and medical care to the patient. The second aspect to prove is that the doctor breached that duty by failing to follow the medical standard of care. The third factor is whether the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally-defined period within which a watauga medical malpractice attorney 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 underlying act of medical malpractice took place.