What Is a Medical Malpractice Claim?

A medical malpractice case is brought by a patient who complains about the carelessness of a healthcare professional. The patient, or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. To prevail in a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

In order to prove a legal claim, a plaintiff has to show that he or she was owed a duty of duty by an individual or a company and that they failed to perform the obligation. In the case of medical malpractice it is a doctor's duty to provide their patients with the appropriate standards of medical malpractice lawsuit care. This is usually determined by expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then show how a doctor has deviated from these standards while treating patients. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly accountable for the injury of the victim.

Expert testimony is crucial, as jurors are often unfamiliar with anatomy and watched a number of medical dramas. In medical malpractice claims, this is particularly important because it can be difficult to establish a standard of care. In a medical malpractice claim the standard refers the level of expertise, quality of care and level of care that other doctors with similar specialties have under similar circumstances.

The majority of experts in medical malpractice cases are fellow surgeons or doctors with similar training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not testify against each other), it can be difficult to locate an expert who is qualified to provide evidence against a colleague in relation to poor care.

Breach of duty

If a doctor makes an error that causes harm to the patient, it is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and concerns. However, a good medical malpractice lawyer will review the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is essential to prove a malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they complied with what is referred to as the standard of care for doctors with similar training, background and geographical location in your state.

Physicians must respect the standards established by their patients without omission or deviation. A breach of that duty means that the doctor did not meet these standards and caused injury to you.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions were not in accordance with the standards of medical care and explain why a different medical professional would have acted differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans in order to construct a solid case that the breach of duty of your physician directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. In order to prove causality, the injured patient must establish a direct connection between the alleged negligence of a doctor and their injuries. In many cases this requires expert testimony and the help of a medical malpractice lawyer.

medical malpractice lawyers errors include the misdiagnosis of serious ailments or illnesses. If a doctor fails to diagnose cancer or other conditions the result could have devastating consequences for the patient. In this situation the patient could suffer excessive suffering, and even die. In the absence of diagnosing the condition correctly, the doctor may have committed a malpractice.

Finding out if your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. 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 you in obtaining and interpreting the evidence as well representing you in the process of depositions.

It is crucial to remember that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists at medical centers, are expected to follow the current standards of medical care. A medical professional must be able to anticipate consequences based on his or his education and expertise.

Damages

In medical malpractice cases, the courts will consider monetary compensations designed to help injured patients. These damages may include future and past medical bills, lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. In some cases punitive damages can also be awarded. These are reserved for the most egregious actions that society is interested in preventing.

A medical malpractice case usually begins with the filing an civil summons and complaint in court. The parties follow up with discovery. This is a procedure in which the defendant and plaintiff give statements under oath. This can include seeking medical records or other documents and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a medical malpractice claim it is vital to establish that the doctor was legally bound to provide treatment and medical care to the patient. The second aspect to establish is that the doctor breached this duty by failing follow the medical standard of care. The third aspect is whether the breach resulted in injury to the patient.

It is important to remember that the statute of limitations (the legally defined time period 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 month (30 months) following the date of the medical malpractice.