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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate should the patient die) must show that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To win a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal claim the plaintiff must demonstrate that an individual or entity owed them a duty of care and then did not fulfill that duty. In medical malpractice cases this is the obligation of medical professionals to provide the highest quality of care to their patients. This is usually determined by expert testimony.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a physician has strayed from these standards in treating the 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 essential, as jurors are often unfamiliar with anatomy and seen a lot of medical dramas. This is especially relevant in medical malpractice law firm malpractice cases since it is often difficult to establish a reasonable standard of care. In a medical malpractice lawsuit, the standard refers to the level of expertise quality of care, as well as the level of care that other doctors with similar specialties in similar circumstances.

In general, experts in medical malpractice cases are surgeons or physicians who have the same qualifications and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors not to speak against each other), it can be difficult to locate an expert with the qualifications to testify against a colleague regarding poor care.

Breach of duty

Medical malpractice occurs when a physician commits a mistake that harms the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims can be complicated issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will analyze the facts 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 physician, which is necessary for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine if they met what is known as the standard of care for doctors of similar training, experience and geographic location in your state.

Doctors are required to follow the guidelines set forth by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations and this failure resulted in injury to you.

It is simple to establish the breach of duty with the assistance of experts and your attorney's investigation. Experts can prove that the doctor's actions were not in accordance with the standard of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans in order to construct an argument that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causality in a malpractice case, an injured patient must demonstrate a direct link between the negligence alleged and their injuries. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors could include the misdiagnosis of serious illnesses or conditions. If the doctor fails to identify cancer or another condition the result could have devastating consequences for the patient. In this case the patient may suffer unnecessary pain and even die. In the absence of diagnosing the condition correctly, the doctor may have committed malpractice.

The process of proving that your doctor or hospital was negligent in treating you can be complicated and time-consuming. The evidence you require could be from a variety of sources, including medical records and test results, as in addition to expert testimony from witnesses and oral depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as as representing you in the process of depositions.

It is important to know that only healthcare professionals are liable for negligence. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of medical care. That means that medical professionals should be able of predicting the outcomes in light of their expertise and knowledge.

Damages

In medical malpractice lawsuits the courts consider monetary damages that are intended to compensate the patient who was injured. These damages could include past and future medical bills and lost wages, as well as disfigurement, pain and suffering, and loss of enjoyment of life. In some cases, punitive damages are awarded in certain circumstances. These are reserved for the most egregious of actions that society would like to deter.

A medical malpractice lawsuit typically begins with the filing a civil summons as well as a complaint in the court. Then, the parties engage in discovery, a process that requires the plaintiff and defendants are required to make disclosures under swearing. 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.

One of the first elements to establish in a medical malpractice case is that the doctor had an obligation under law to provide healthcare and treatment to the patient. The second thing to prove is that the doctor violated the duty by failing to follow the medical standard of care. The third element is whether the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice must be filed) differ from state the state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.