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What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient complaining of carelessness by a healthcare worker. The patient (or his or her estate if the patient died) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. In order to win a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal action in any legal matter, the plaintiff must prove that a person or entity had a legal obligation to care and then failed to perform this obligation. In medical malpractice cases this is the physician's duty to provide their patients with the appropriate standard of medical care. This is usually determined through expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then show how a physician has strayed from these guidelines when treating a 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, as jurors are often not familiar with anatomy and have seen a variety of medical dramas. In the case of medical malpractice it is crucial because it can be difficult to establish the appropriate standard of care. In a medical malpractice lawsuit (3sv`s recent blog post) the standard is the level of expertise in the field, the quality of care provided and the level of care that other doctors in similar specialties possess in similar circumstances.

Generally, experts in medical malpractice lawyers malpractice claims are fellow physicians or surgeons who have the same qualifications and board certifications. It is often difficult to find an expert who is willing to testify against substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that hurts the patient, this is considered medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove because they involve complicated laws and concerns. A reputable medical malpractice lawyer will examine your case to determine if a physician has breached their duty to you.

Your attorney will establish there was a doctor-patient relationship between you and your physician, which is a requirement for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine whether the standard of care in your state for doctors who have similar training, background, and geographic location is fulfilled.

Physicians have a responsibility to their patients to abide by these guidelines without deviation or omission. A breach of duty means that the doctor didn't meet your expectations, and this has caused you injury.

Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. Those experts can testify as to the reasons why the doctor's actions didn't conform to the standards of care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records as well as test results, prescriptions and imaging scans to make an argument that proves your physician's breach of duty directly led to your injuries.

Causation

All treatments come with a degree of risk, but medical errors can add to those risks. To prove causation in a malpractice claim the injured person must demonstrate a direct link between the negligence alleged and their injuries. In the majority of cases, expert testimony is required along with the assistance of a medical malpractice attorney.

For example, misdiagnosing a condition or a serious disease is a common error. If doctors fail to detect cancer or medical malpractice lawsuit other conditions it could result in severe consequences for the patient. In this case, the patient may experience unnecessary suffering and even death. The doctor could have committed malpractice by not properly diagnosing the condition.

Proving that a hospital or doctor has treated you in a negligent manner is a lengthy and difficult process. Evidence could come from a variety of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding this evidence, as well representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. Unlike receptionists at medical centers nurses and doctors are expected to operate in accordance to the standard of care. This means that medical professionals should be able to predict the effects depending on their experience and Medical malpractice Lawsuit education.

Damages

In medical malpractice cases, courts will be hearing about financial compensations to compensate injured patients. These damages can be based on the cost of medical bills in the past or in the future as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment living. In certain cases punitive damages can also be awarded. These are reserved for particularly egregious actions that society has an interest in stopping.

A medical malpractice lawsuit begins with the filing in the court of an administrative summons. Then, the parties will engage in discovery, a procedure that requires the plaintiff and defendants will make public statements under swearing. This could involve seeking medical records or other documents and depositions of the parties involved in a lawsuit, and interviewing witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor was under the legal obligation of providing medical care and treatment to the patient. The second part is that the doctor breached this obligation by not adhering to the standard of medical practice. The third factor is that the breach resulted in injury to the patient.

It is important to remember that the statute of limitations (the legally defined time period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.