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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by patients who complain about the carelessness of a healthcare professional. The patient, or medical malpractice lawsuit or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements to prevail in a case:

Duty of care

To prove a legal claim, a plaintiff needs to prove that he or she was in the position of being owed a duty by a person or an organization and that they did not fulfill it. In the case of medical malpractice it is a doctor's duty to provide their patients with the appropriate standard of care. This is usually determined through expert testimony.

Expert witnesses help to determine the appropriate medical standards. They then show how a doctor did not follow these standards in their treatment of the patient. A lawyer for a plaintiff's claim for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential as jurors are typically unfamiliar with anatomy and have watched a lot medical dramas. In the case of medical malpractice this is crucial as it is often difficult to establish a standard of care. In a medical malpractice lawsuit [anchor] the standard refers the level of skill and care quality, as well as degree of diligence other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors who have similar training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against one another) it is often difficult to find an expert with the qualifications to testify against a colleague regarding inadequate care.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. A competent medical malpractice lawyer will review your case to determine if a physician has breached their duty to you.

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

Physicians owe a duty to their patients to follow these guidelines without deviation or omission. A breach of duty means that the physician did not meet your expectations and caused injury to you.

Proving the breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions didn't meet the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans and prescriptions in order to build solid evidence that the breach of duty committed by your doctor directly caused your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove the causation of a malpractice claim an injured patient must establish a direct connection between the alleged negligence and their injury. In many cases, expert testimony is required and the assistance from a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a frequent medical error. If a doctor fails to diagnose cancer or other conditions the result could have devastating consequences for the patient. In this instance the patient could experience excessive pain or even die. In the absence of diagnosing the condition correctly, the doctor may have committed a lapse of judgment.

Finding out if your doctor or hospital was negligent in the treatment you received isn't easy and takes a lot of time. The evidence needed may include a variety of sources, such as medical reports and test results, as along with expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and interpreting the evidence as well representing you in the process of depositions.

It is important to keep in mind that only healthcare professionals can be sued for misconduct. As opposed to receptionists in medical facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. Medical professionals should be able of predicting the outcome based on her education and skills.

Damages

In medical malpractice cases, judges will hear about monetary compensations to pay compensation to injured patients. These types of damages can include past and future medical bills as well as lost wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases, punitive damages may also be awarded. These are reserved for the most egregious behavior that society has an interest in deterring.

A medical malpractice case begins with the filing in the court of an administrative summons. Then, the parties engage in discovery, a process through which the plaintiff and defendants make statements under an oath. This could involve requesting the exchange of documents, such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor was under an obligation under law to provide care and treatment to the patient. The second element is that the doctor breached this 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 important to note that the statute of limitations (the legally-defined time frame within which a medical negligence 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.