What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient complaining about carelessness of a healthcare worker. The patient, or his or her estate in the case of a deceased patient, must show that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial courts. The aggrieved patient must prove four legal elements in order to win the case:

Duty of care

To establish a legal claim, a plaintiff needs to prove that he or she was legally obligated to perform a duty by a person or an organization and that they failed to fulfill it. In medical malpractice cases, it is the obligation of doctors to provide the appropriate quality of care to their patients. This is usually determined by expert testimony.

Expert witnesses can help determine the appropriate standards of medical treatment and then reveal how a physician has strayed from these guidelines when treating the patient. A plaintiff's medical malpractice attorney must prove that the error was directly at fault for the injury suffered by the victim.

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

Typically, experts in medical malpractice cases are surgeons or fellow doctors with similar qualifications 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 admit to a case against each other), it isn't easy to find a qualified expert willing to be a witness against a colleague for poor care.

Breach of duty

medical malpractice law firm malpractice occurs when a doctor commits a mistake that harms the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will look into the facts of your case to determine if a doctor violated his or her obligation to the patient.

Your attorney will establish a doctor-patient relation between you and your doctor which is essential to prove a malpractice claim. Your attorney will also review the actions and decisions of your physician to determine if they meet what is known as the standard of care for doctors with similar training, background and geographical location in your state.

Physicians are required to adhere to the standards established by their patients without omission or deviation. A breach of duty means that the physician did not meet your expectations and medical malpractice law Firm this failure caused injury to you.

It is simple to establish the breach of duty with the assistance of experts and your attorney's investigation. Those experts can testify as to the reasons why the doctor's actions did not meet the standards of care and explain how another medical professional in similar circumstances might have behaved differently. Your lawyer must also connect the breach of duty to 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 the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove the causality, a patient who has suffered an injury must establish a direct connection between the alleged negligence of a doctor and their injury. In many cases, expert testimony is required as well as assistance from a medical malpractice attorney.

Medical errors can include, for example, misdiagnosing serious diseases or conditions. If a doctor fails to diagnose cancer or another disease this could have serious consequences for the patient. In this situation the patient may suffer inexpensive suffering and possibly even death. In failing to recognize the condition correctly, the doctor may have committed a lapse of judgment.

Proving that a hospital or doctor failed to treat you appropriately can be difficult 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 gather and interpret this evidence, and also represent you during the deposition process.

It is also important to note that only healthcare professionals is liable for misconduct. As opposed to receptionists in medical facilities nurses and doctors must act in accordance to the standard of care. This means that a medical professional should be able to foresee consequences based on their skills and knowledge.

Damages

In medical malpractice claims courts will hear about financial damages that are designed to compensate the victim. These types of damages can include past and future medical bills as well as lost wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases punitive damages can also be awarded. These are reserved for the most egregious behavior that society has an interest in stopping.

A medical malpractice lawsuit begins by filing in court of a civil summons. The parties then engage in discovery, a process that requires the plaintiff and defendants make statements under oath. This can include requesting the exchange of documents such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to prove in a medical malpractice case is that the physician had the legal obligation to provide care and treatment to the patient. The second thing 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 whether the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally-defined period within which a medical negligence 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) after the date of the medical malpractice.