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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the negligence of a healthcare worker. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. The aggrieved patient must prove four legal elements to win a case:

Duty of care

In any legal matter, the plaintiff has to prove that a person or entity was liable to them for a duty of care, and they did not fulfill that obligation. In the case of medical malpractice, this involves a physician's duty to provide their patients with the appropriate standards of care. This is typically determined through expert testimony.

Expert witnesses can help determine appropriate standards of medical practice and then demonstrate the ways in which a physician has deviated from these standards in treating the patient. A plaintiff's attorney who is suing for medical malpractice must then show that the deviance caused the victim's injuries.

Expert testimony is vital since jurors are often not familiar with anatomy and have seen a variety of medical dramas. This is particularly important when it comes to medical malpractice claims, as it is often difficult to establish a proper standard of care. In a case of medical malpractice the standard refers the level of expertise in the field, the quality of care provided and the level of care that other doctors in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not speak against one another) it can be challenging to find an expert who is qualified to provide evidence against a colleague in relation to inadequate care.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These mistakes can cause new injuries or make existing ones worse. medical malpractice attorneys malpractice claims can be difficult to prove since they are based on complex laws and issues. A competent medical malpractice lawyer will examine your case to determine if a doctor has breached their duty to you.

Your attorney will establish that there was a doctor-patient connection 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 met what is referred to as the standard of care for doctors with similar training, experience and geographic location in your state.

Doctors are required to follow the standards that their patients have set without omission or deviation. A breach of duty means that the doctor did not meet your expectations and this failure resulted in injury to you.

It is simple to establish a breach of duties with the help of expert witnesses and your attorney's investigation. Expert witnesses can testify to the reasons why the doctor's actions did not meet the standards of care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans and prescriptions in order to build an argument that the breach of duty by your doctor directly caused your injuries.

Causation

All treatments come with a level of risk, but medical errors can increase those risks. To prove causation, an injured patient must demonstrate that there is a direct link between the alleged negligence of the doctor and their injuries. In many instances, expert testimony is required as well as assistance from an attorney for medical malpractice.

For example, not diagnosing a condition or a serious disease is a common error. If the doctor fails to identify cancer or another disease this could have serious consequences for the patient. In this scenario the patient could experience unneeded suffering, or even death. The doctor may be negligent for not diagnosing the problem properly.

Proving that a medical professional or hospital treated you negligently can be difficult and time-consuming. The evidence required could come from many sources, including medical records and test results as and expert testimony from witnesses and oral depositions. Your attorney can help you find and interpret the evidence, as well as assist you during the deposition process.

It is also important to note that only healthcare professionals can be sued for negligence. Contrary to receptionists at medical facilities, doctors and nurses must act according to the standards of care. A medical professional must be able to predict the outcome based on her education and skills.

Damages

In medical malpractice cases, judges will hear about monetary compensations designed to pay injured patients. These types of damages can include past and future medical bills loss of wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages are awarded in certain circumstances. These are awarded only to the most egregious of actions that society would like to deter.

A medical malpractice lawsuit begins by filing in court of a civil summons. Then, the parties will engage in discovery, a process through which the plaintiff and defendants make statements under swearing. This can include requesting the exchange of documents, such as medical records, deposing those 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 was under an obligation under law to provide healthcare and treatment to the patient. The second element to prove is that the doctor acted in breach of the duty by failing to adhere to the medical Malpractice lawyers standard of care. The third aspect is that the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) vary from state the state. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.