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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the negligence of a healthcare worker. The patient, medical malpractice lawyer or or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

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

Duty of care

To establish a legal claim, the plaintiff must demonstrate that he/she was in the position of being owed a duty by another person or organization and that they did not fulfill it. In medical malpractice cases it is a physician's obligation to provide their patients with the right standard of treatment. This is typically determined through expert testimony.

Expert witnesses can help determine the proper standards for medicine and then show how a physician has strayed from these standards when treating patients. A plaintiff's medical malpractice attorney must prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial because jurors generally do not have a good understanding of anatomy and watch many medical dramas. In the case of medical malpractice this is crucial since it can be difficult to establish the appropriate standard of care. In a case of medical malpractice the standard refers to the level of competence in the field, the quality of care provided and the level of diligence that other doctors in similar specialties have under similar circumstances.

Typically, experts in medical malpractice claims are surgeons or physicians who have the same training and board certifications. It isn't easy to find an expert willing to testify against substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that hurts the patient, this is medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice cases are a complex set of issues and laws, which makes them difficult to prove. A competent medical malpractice lawyer will review your case to determine if a doctor has breached their duty to you.

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

Physicians owe a duty to their patients to abide by these standards 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 simple with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions did not meet the standards of medical care and provide reasons why a different 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, prescription and test results, imaging scans and prescriptions to build an argument that the breach of duty committed by your doctor directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can exacerbate those risks. To prove the causation, an injured patient has to show an unambiguous connection between the alleged negligence of the doctor and the injury. In many cases, expert testimony is required as well as assistance of an attorney who specializes in medical malpractice.

For example, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to diagnose cancer or another illness it could result in severe consequences for the patient. In this scenario the patient could experience unnecessary pain and even die. By failing to diagnose the problem correctly, the doctor may have committed malpractice.

Proving that a medical professional or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence required could come from a variety of sources, such as medical malpractice law firm reports and test results, as well as expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and understanding the evidence, as well being your advocate during the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. Unlike receptionists at medical centers, doctors and nurses must act in accordance to the standard of care. This means that medical professionals should be able to foresee consequences in light of their expertise and education.

Damages

In medical malpractice cases, judges will hear about monetary settlements intended to compensate injured patients. These damages could include future or past medical bills or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment of living. In certain cases punitive damages can also be awarded. These are reserved for particularly egregious behavior medical malpractice lawyer that society is interested in deterring.

A medical malpractice lawsuit typically begins with the filing a civil summons or complaint in the court. The parties will then engage in discovery. This is in which the defendant and plaintiff make statements under oath. This can include seeking medical records or other documents and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a case of medical malpractice it is essential to prove that the physician was legally bound to provide medical treatment and care to the patient. The other element to establish is that the doctor acted in breach of this duty by failing adhere to the medical standard of care. The third element is that the breach caused harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-imposed timeframe 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 act that led to medical malpractice took place.