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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a 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 show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To win a lawsuit, the party who is claiming damages must prove four elements of law:

Duty of care

In any legal action the plaintiff must demonstrate that a third party or entity had a responsibility to them under a duty of care and then failed to fulfill this obligation. In the case of medical negligence, it is the obligation of medical professionals to provide the appropriate quality of care to their patients. This is usually determined through expert testimony.

Expert witnesses help determine the appropriate medical standards. They then prove that a physician was not following these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly responsible for the victim's injury.

Expert testimony is essential for jurors, since the majority of jurors have only a basic understanding of anatomy and watch a lot of medical dramas. This is particularly important in medical malpractice claims as it is difficult to establish a standard of care. In a medical malpractice lawsuit the standard is the level of skill and care quality, as well as level of care that other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians with similar training and accreditation. It can be difficult to find an expert who is willing to testify against substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor makes an error that hurts the patient, this is medical malpractice. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complicated laws and concerns. However, a reputable medical malpractice lawyer will examine the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish a doctor-patient relationship between you and your doctor which is required to prove a malpractice claim. Your attorney will also review your doctor's actions and decisions to determine if they met what is known as the standard of care for doctors with similar backgrounds, training and geographical location in your state.

Physicians have a duty to follow the standards set forth by their patients without deviation or omission. In breach of this duty, the doctor failed to meet these standards and resulted in harm to you.

Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to why the doctor's actions did not meet the standard of care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans to create a convincing case that your physician's breach of duty directly led to your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the causation, the patient has to show an immediate connection between the negligence of the doctor and the injury. In many cases, this requires 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 recognize cancer or any other illness could have grave consequences for the patient. In this scenario the patient could experience excessive pain or even die. In the absence of diagnosing the problem correctly, the doctor may have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in their treatment of you isn't easy and takes a lot of time. The evidence needed could include various sources, including medical records and test results, as well as expert testimony from witnesses and lawsuit oral depositions. Your lawyer can assist you with obtaining and interpreting the evidence, as well as representing you in the process of depositions.

It is important to know that only healthcare professionals are liable for negligence. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to adhere to current standards of care. This means that medical professionals should be able to foresee consequences depending on their experience and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages that are intended to compensate the victim. The damages may include the cost of medical bills in the past or in the future or wages lost or income, pain and disfigurement or loss of enjoyment living. In some instances the punitive damages may be awarded; these are awarded to those who have committed particularly indecent behaviour that society has an interest in deterring.

A medical malpractice lawsuit typically begins with the filing an civil summons and complaint in the court. Then, the parties engage in discovery, a procedure in which the plaintiff and defendants disclose statements under an oath. This can include requesting the exchange of documents, such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice case it is crucial to establish that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect is that the doctor violated that duty by failing to adhere the medical standard of care. The third element is whether the breach resulted in harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to be filed) differ from state the 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.