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What Is a Medical Malpractice Claim?

A medical malpractice case 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 led to injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal matter, the plaintiff has to show that another person or entity was liable to them for a duty of care and then failed to perform this obligation. In the case of medical malpractice this is the physician's obligation to provide their patients with the appropriate standards of medical care. Expert testimony is often used to determine this.

Expert witnesses can help determine the proper medical standards and medical malpractice lawsuit then explain how a doctor violated these standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is crucial for jurors, since the majority of jurors do not have a good understanding of anatomy and have watched a lot of medical dramas. In the case of medical malpractice it is crucial as it is often difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers the level of skill, quality of care and degree of diligence that other doctors in similar specialties can demonstrate under similar circumstances.

In general, experts in medical malpractice claims are fellow physicians or surgeons who have the same training and board certifications. 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 causes harm to the patient, this is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove due to complex laws and issues. However, a reputable medical malpractice lawyer will analyze the facts of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish that there was a doctor-patient connection between you and your physician which is necessary for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine the level of care in your state for doctors with similar training, background and geographical location is fulfilled.

Physicians owe a duty to their patients to abide by these guidelines without deviation or omission. Breaching that duty means the doctor failed to meet these standards and caused harm to you.

Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions didn't meet the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will examine your medical records and test results, prescriptions and imaging scans to make a solid case that the breach of duty committed by your physician directly resulted in your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can exacerbate those risks. In order to prove causation, the patient has to show an unambiguous connection between the alleged negligence of a doctor and the injury. In many cases this requires expert testimony and the help of a lawyer for medical malpractice.

For medical malpractice lawsuit instance, misdiagnosing a condition or a serious illness is a frequent medical error. If a doctor fails to recognize cancer, or any other condition can have severe consequences for patients. In this scenario the patient could experience unnecessary pain and even end up dying. In failing to recognize the condition properly the doctor could have committed a malpractice.

Proving that a hospital or doctor has treated you in a negligent manner can be a long and tedious process. Evidence may come from a variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you with obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is important to know that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists working in medical centers are expected to follow the current standards of treatment. Medical professionals must be able to predict outcomes based on qualifications and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages intended to compensate the victim. These damages can include past or future medical bills, loss of wages, pain and discomfort, disfigurement or loss of enjoyment living. In some cases, punitive damages are awarded in a few cases. These are awarded only to criminal acts that society is trying to deter.

A medical malpractice lawsuit typically starts with the filing of a civil summons as well as a complaint in court. Then, the parties will engage in discovery, a process through which the plaintiff and defendants make statements under the oath. This may include the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to prove in a medical negligence case is that the doctor had the legal obligation of providing medical care and treatment to the patient. The second aspect to prove is that the doctor violated the obligation by failing to follow the medical standard of care. The third aspect 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 an action for medical malpractice must be filed) vary from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice occurred.