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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient (or his or her estate should the patient die) must prove that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. The patient who is suffering from the injury must prove four legal elements in order to win a case:

Duty of care

In any legal case, the plaintiff has to demonstrate that an individual or entity owed them a duty of care and then failed to perform this obligation. In medical malpractice cases this is the physician's duty to provide their patients with the right standard of medical care. Expert testimony is often used to establish this.

Expert witnesses can assist in determining appropriate standards of medical practice and then demonstrate how a doctor departed from these standards while treating a patient. A plaintiff's medical malpractice attorney must then prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is crucial because jurors generally do not have a good understanding of anatomy, and they watch a lot of medical dramas. In medical malpractice claims this is crucial because it is often difficult to establish a standard of care. In the context of a medical malpractice case, the standard of care is referred to the level of skill, quality of treatment and the level of dedication possessed by other physicians in similar specialties in similar situations.

Generally, experts in medical malpractice claims are fellow physicians or surgeons with similar training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not speak against one another), it can be difficult to locate an expert who is qualified to defend a colleague against sub-standard care.

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a good medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will determine if there was a doctor-patient connection between you and your physician which is required for any malpractice claim. Your attorney will also look into your physician's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors of similar training, background and geographic location in your state.

Physicians are required to follow the guidelines that their patients have set without omission or deviation. In breach of this duty, the doctor was not able to meet the expectations of his patients and caused injury to you.

Proving a breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions did not meet the standards of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans to make a convincing case that the breach of duty by your doctor directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can increase those risks. To prove the causation of a malpractice claim an injured patient must establish a direct link between the negligence alleged and their injury. In many instances, this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors could include the misdiagnosis of serious diseases or conditions. If doctors fail to recognize cancer or another illness it could result in severe consequences for the patient. In this scenario the patient could suffer excessive suffering, and even die. The doctor could have committed a malpractice by not properly diagnosing the condition.

Proving that a doctor or hospital did not treat you properly is a lengthy and difficult process. The evidence needed could include numerous sources, such as medical records and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist you locate and interpret the evidence, as well as assist you during the deposition process.

It is also important to know that only a healthcare professional is liable for negligence. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to adhere to current standards of care. A medical professional must have the ability to predict the outcome based on her education and skills.

Damages

In medical malpractice claims the courts are able to determine monetary damages intended to compensate the injured patient. These damages could include past or future medical bills and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment of living. In certain cases, punitive damages may also be awarded; these are reserved for particularly serious conduct that society has an interest in stopping.

A medical malpractice case usually begins with the filing a civil summons as well as a complaint in court. The parties will follow up with discovery. It is a process that requires both parties to make statements under oath. This could include seeking medical records or other documents and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor had an obligation under law to provide medical care and treatment to the patient. The second aspect to establish is that the doctor acted in breach of the obligation by failing to adhere to the medical standard of care. The third element is that the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) differ from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice took place.