What Is a Medical Malpractice Claim?

A medical malpractice case is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient, must show that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. In order to win a lawsuit the aggrieved party must prove four elements of law:

Duty of care

In any legal action, the plaintiff needs to show that another person or entity had a responsibility to them under a duty of care, and they failed to fulfill this duty. In the case of medical negligence, it is the duty of a doctor to provide the appropriate level of care to their patients. This is usually determined by expert testimony.

Expert witnesses help determine the proper medical standards and then show how a doctor did not follow those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly responsible for the victim's injuries.

Expert testimony is vital because jurors generally are not aware of anatomy, and they watch several medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it isn't easy to establish a standard of care. In a medical malpractice case the standard of care is referred to the level of expertise in the treatment, its quality and the degree of diligence shown by other doctors in comparable specialties in similar situations.

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

Breach of duty

When a doctor makes an error that hurts the patient, it is considered medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. A good medical malpractice attorney will investigate your case to determine if a physician has breached their duty to you.

Your attorney will determine if a doctor-patient relationship existed between you and your doctor, which is essential for any malpractice claim. Your attorney will review your physician's decisions and actions to determine whether the standard of care in your state for doctors with similar training, backgrounds and geographical location is in place.

Physicians are required by their patients to observe these standards without deviation or omission. A breach of that duty means that the doctor did not meet the expectations of his patients and resulted in harm to you.

Proving the breach of duty usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans, and prescriptions to make a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can exacerbate those dangers. To prove the causality, a patient who has suffered an injury must establish a direct connection between the alleged negligence of a doctor and the injury. In the majority of cases, expert testimony is required along with the assistance of a medical malpractice attorney.

Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious diseases or conditions. A doctor's failure to diagnose cancer or any other illness may have serious implications for patients. In this situation the patient could experience in pain that is not needed and could even end up dying. The doctor may have committed a mistake by not diagnosing the condition properly.

Proving that your doctor or hospital did not treat you properly isn't easy and takes a lot of time. The evidence you require could be from many sources, such as medical reports and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and understanding this evidence, as well being your advocate during the process of depositions.

It is also important to note that only a healthcare professional can be sued for malpractice. In contrast to receptionists in medical malpractice attorneys centers, doctors and nurses are expected to behave in accordance with the current standards of care. Medical professionals should have the ability to predict outcomes based on qualifications and education.

Damages

In medical malpractice cases the courts consider monetary damages intended to compensate the injured patient. These damages could include future and past medical bills and lost wages, as well as disfigurement, pain and suffering, and loss of enjoyment of life. In certain cases the punitive damages may be awarded. These are reserved for particularly egregious behavior that society is interested in deterring.

A medical malpractice claim typically begins with the filing of a civil summons as well as a complaint in court. The parties then engage in discovery, a procedure that requires the plaintiff and defendants are required to make disclosures under the oath. This could involve asking for medical malpractice lawsuits medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

One of the first things to establish in a medical malpractice case is that the doctor was under the legal obligation to provide medical care and treatment to the patient. The second aspect is that the doctor violated this duty by failing to adhere the medical standard of care. The third aspect is whether the breach caused harm 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 must 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 occurred.