What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming carelessness of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In any legal case in any legal matter, the plaintiff must show that another person or medical malpractice lawsuits entity had a responsibility to them under a duty of care, and they failed to perform this obligation. In the case of medical malpractice it is a physician's obligation to provide their patients with the right standards of medical care. This is usually determined through expert testimony.

Expert witnesses help determine the proper medical standards and then explain how a doctor violated the standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice must demonstrate that the deviation caused the victim's injuries.

Expert testimony is vital since jurors are often not familiar with anatomy and have watched a lot medical dramas. This is especially important in medical malpractice cases as it isn't easy to establish a proper standard of care. In a medical malpractice claim the standard is the level of skill in the field, the quality of care provided and the level of diligence that other physicians in similar specialties in similar circumstances.

In general, experts in medical malpractice claims are surgeons or fellow doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against each other), it can be difficult to locate an expert with the right qualifications to provide evidence against a colleague in relation to inadequate care.

Breach of duty

When a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. However, a qualified medical malpractice lawyer will review the facts of your case to determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient relationship existed between you and your doctor, which is necessary for any malpractice claim. Your attorney will also review your physician's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar training, experience and geographical location in your state.

Physicians are required to adhere to the standards that their patients have set without deviation or omission. A breach of duty implies that the physician did not meet your expectations and resulted in injury to you.

It is simple to establish an infraction of duty with the help of expert witnesses and your attorney's research. Expert witnesses can testify to how the doctor's actions didn't meet the standards of medical care and also explain why a different medical professional in similar circumstances would have different actions. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to make a convincing case that the breach of duty by your doctor directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can exacerbate those dangers. To prove the cause of malpractice in a claim the injured person must demonstrate a direct link between the alleged negligence and the injury. In many cases, expert witness is required along with the assistance from a medical malpractice attorney.

Medical errors can be the misdiagnosis of serious illnesses or conditions. If doctors fail to detect cancer or another condition it could result in severe consequences for the patient. In this scenario the patient may suffer excessive pain or even die. If the doctor failed to diagnose the condition correctly the doctor could have committed a lapse of judgment.

Finding out if your doctor or hospital was negligent in their treatment of you isn't easy and takes a lot of time. The evidence needed could include a variety of sources, including medical reports and test results as well as expert testimony from witnesses and oral depositions. Your lawyer can help you in obtaining and interpreting the evidence as well representing you in the process of depositions.

It is important to note that only healthcare professionals are liable for malpractice. Unlike receptionists at medical centers nurses and doctors must act in accordance with prevailing standards of care. A medical professional should be able to anticipate the consequences of his or their education and experience.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are designed to compensate the injured patient. These damages could include past and future medical bills and lost wages, as well as disfigurement and pain, and loss of enjoyment of life. In some instances punitive damages can also be awarded; these are reserved for the most egregious actions that society is interested in deterring.

A medical malpractice lawsuit typically begins with filing a civil summons and complaint in the court. The parties then proceed to discovery. It is a process that requires both parties to give statements under oath. This may include the request of medical records, for instance, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.

In a claim for medical malpractice, it is important to establish that the doctor was legally obligated to provide treatment and care to the patient. The second aspect to prove is that the doctor acted in breach of the obligation by failing to follow the medical standard of care. The third element is that the breach caused injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice must be filed) differ 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.