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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by patients who complain about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient must show that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in the state trial court. The patient who is aggrieved must demonstrate four legal aspects to win a case:

Duty of care

In any legal claim, the plaintiff needs to prove that a person or entity had a responsibility to them under a duty of care, and they did not fulfill that obligation. In the case of medical malpractice attorney negligence, it is the responsibility of medical professionals to provide the proper level of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining the proper standards for medicine and then show how a physician has strayed from these standards in treating the patient. A lawyer for a plaintiff's claim for medical malpractice needs to demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential because jurors generally do not have a good understanding of anatomy and have watched many medical dramas. In the case of medical malpractice this is especially important as it is often difficult to establish the standard of care. In the context of a medical malpractice claim, the standard of care is referred to the level of skill as well as the quality of treatment and degree of diligence possessed by other physicians in similar areas of expertise in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians with similar training and accreditation. It isn't easy to locate an expert willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that harms the patient, it is medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. A good medical malpractice law firms malpractice attorney will review your case to determine if a physician has violated their obligation to you.

Your attorney will prove that there was a doctor-patient relationship between you and your doctor, which is required for any malpractice claim. Your attorney will examine your physician's decisions and actions to determine if the standard of care in your state for doctors who have similar backgrounds, training and geographical location is fulfilled.

Doctors owe it to their patients to follow these guidelines without deviation or omission. A breach of duty implies that the doctor failed to meet your expectations and caused injury to you.

Proving the breach of duty generally straightforward with the aid of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions did not meet the standard of care and also explain why a different medical professional in similar circumstances would have different actions. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans, and prescriptions to create an argument that proves the breach of duty committed by your doctor directly led to your injuries.

Causation

All treatments come with a degree of risk, however medical errors can exacerbate those dangers. To prove causality, the injured patient must establish an immediate connection between the negligence of the doctor and their injuries. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

For example, not diagnosing an illness or disease is a common error. A doctor's failure to diagnose cancer or any other medical condition may have serious implications for patients. In this instance the patient could experience excessive pain or even end up dying. If the doctor failed to diagnose the problem correctly the doctor could have committed a mistake.

Proving that a hospital or doctor failed to treat you appropriately isn't easy and takes a lot of time. The evidence needed may include various sources, such as medical records and test results as well as expert testimony from witnesses and oral depositions. Your attorney can assist you gather and interpret this evidence and also assist you during the deposition process.

It is important to note that only healthcare professionals are liable for negligence. Nurses and doctors, in contrast to receptionists working in medical centers are expected to follow the current standards of care. Medical professionals should be able to anticipate outcomes based on their education and experience.

Damages

In medical malpractice cases, courts hear about monetary damages to compensate the patient who was injured. These types of damages can include future and past medical bills and lost wages, as well as disfigurement and pain and loss of enjoyment of life. In some cases, punitive damages are awarded in certain circumstances. They are only awarded to those who commit crimes that society wishes to discourage.

A medical malpractice claim typically begins with filing a civil summons or complaint in court. The parties follow up with discovery. This is in which the defendant and plaintiff give statements under oath. This could involve requesting the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

One of the first things to establish in a medical malpractice case is that the doctor had a legal duty to provide healthcare and treatment to the patient. The second aspect is that the doctor violated this obligation by failing to follow the standard of medical practice. The third factor is that the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice must be filed) vary from state states. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice occurred.