What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by a patient who complains about the negligence of a healthcare worker. The patient, or his or her estate in the case of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. 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 must demonstrate that they was obliged to perform a task by an individual or a company and that they failed to fulfill it. In the case of medical malpractice it is a physician's obligation to provide their patients with the proper standards of medical care. This is usually determined by expert testimony.

Expert witnesses help to determine the appropriate medical standards and then explain how a doctor deviated from these standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice must then prove that this deviation caused the victim's injuries.

Expert testimony is vital for jurors, since the majority of jurors are not aware of anatomy and watch many medical dramas. In the case of medical malpractice, this is particularly important as it is often difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers the level of competence in the field, the quality of care provided and the degree of diligence other physicians in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons with similar training and accreditation. It is often difficult to find an expert who is willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician commits a mistake that harms the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. An experienced medical malpractice attorney will review your case to determine if the doctor has breached their duty to you.

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

Physicians must follow the standards set forth by their patients without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations, and this has caused injury to you.

Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. These experts can testify that the doctor's actions were not in accordance with the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans, and prescriptions to build an argument that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causality in a malpractice case the injured person must establish a direct link between the alleged negligence and their injury. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing an illness or disease is a common error. The failure of a doctor to recognize cancer or other conditions could have grave consequences for patients. In this scenario, the patient could suffer unnecessary pain and even die. In failing to recognize the condition correctly the doctor could have committed malpractice.

Proving that a doctor or hospital failed to treat you appropriately isn't easy and takes a lot of time. Evidence can come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting this evidence, as representing you in the process of depositions.

It is also important to note that only a healthcare professional is liable for negligence. In contrast to receptionists in medical centers, doctors and nurses are expected to act according to the standards of care. A medical professional must have the ability to predict consequences based on his or their education and experience.

Damages

In medical malpractice cases, judges will hear about monetary compensations that are meant to pay compensation to injured patients. These damages may include future and past medical bills and lost wages, as well as pain and suffering, disfigurement, and loss of enjoyment of life. In certain cases punitive damages could also be awarded; these are reserved for particularly egregious behaviour that society is interested in preventing.

A medical malpractice case usually begins with the filing of an civil summons and complaint in the court. Then, the parties will engage in discovery, a process in which the plaintiff and defendants are required to make disclosures under oath. This may include seeking medical records or other documents, taking depositions of parties involved in a lawsuit, and interviewing witnesses.

In a claim for medical malpractice it is vital to prove that the physician was legally bound to provide treatment and care to the patient. The second part is that the doctor violated that obligation by failing to follow the standard of medical practice. The third element is that the breach caused injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) vary from state states. 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 took place.