What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the negligence of a healthcare worker. The patient (or the estate of the patient should the patient die) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To prevail in a lawsuit the aggrieved party must demonstrate four legal elements:

Duty of care

To establish a legal claim, a plaintiff has to prove that he or she was obliged to perform a task by a third party and that they did not fulfill it. In medical Malpractice lawyers malpractice cases this is the responsibility of doctors to provide the highest level of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses assist in determining the proper medical standards and then demonstrate how a doctor violated those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the error was directly responsible for the victim's injury.

Expert testimony is essential because jurors generally have only a basic understanding of anatomy and watch a lot of medical dramas. This is particularly important in medical malpractice cases since it can be difficult to establish a minimum standard of care. In a medical malpractice claim the standard refers to the level of skill and care quality, as well as degree of diligence that other doctors in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against each other), it can be challenging to find a qualified expert willing to testify against a colleague regarding poor care.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and issues. A competent medical malpractice lawyer will examine your case to determine if the doctor has violated their obligation to you.

Your attorney will establish a doctor-patient relationship between you and your physician that is required for any malpractice claim. Your attorney will review the decisions and actions of your physician to determine whether the standards of care in your state for doctors with similar training, background and geographical location is fulfilled.

Physicians are required to respect the standards that their patients have set without omission or deviation. A breach of duty implies that the doctor didn't meet your expectations and this failure caused injury to you.

Proving the breach of duty usually simple with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions didn't meet the standard of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans to build an argument that proves your physician's breach of duty directly contributed to your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove the causality, the injured patient must establish an unambiguous connection between the negligence of the doctor and their injuries. In many instances, expert testimony is required, along with assistance of a medical malpractice attorney.

For example, misdiagnosing an illness or illness is a common medical error. If doctors fail to recognize cancer or another condition the result could have devastating consequences for the patient. In this scenario the patient could be suffering excessive pain or even die. In failing to recognize the condition correctly, the doctor may have committed malpractice.

Proving that a medical malpractice attorneys professional or hospital treated you negligently can be difficult and time-consuming. Evidence may come from a variety of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and interpreting the evidence, as well being your advocate during the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of medical care. A medical professional should be able of predicting the outcome based on their education and experience.

Damages

In medical malpractice cases, courts hear about monetary damages to compensate the patient who was injured. These damages could include past and future medical bills as well as lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. In certain cases punitive damages could also be awarded; these are reserved for the most egregious conduct that society is interested in stopping.

A medical malpractice lawsuit begins with the filing in the court of an administrative summons. Then, the parties engage in discovery, a process where the plaintiffs and defendants disclose statements under swearing. This could include requesting the exchange of documents such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice case it is essential to prove that the doctor was legally obligated to provide care and treatment to the patient. The second aspect is that the doctor breached his duty by not adhering to the standard of medical practice. The third element is that the breach resulted in harm to the patient.

It is crucial to remember that the statute of limitations (the legally-defined time frame within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.