What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate if the patient has passed away) must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to win the case:

Duty of care

In any legal claim in any legal matter, the plaintiff must prove that a person or entity owed them a duty of care, and they failed to fulfill this duty. In the case of medical negligence, it is the responsibility of doctors to provide the appropriate standard of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can help determine appropriate standards of medical treatment and then reveal the ways in which a physician has deviated from these standards while treating patients. A plaintiff's medical malpractice attorney must then prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is crucial since jurors are often not familiar with anatomy and have watched a number of medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers the level of expertise quality of care, as well as the degree of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians with similar training and accreditation. It is often difficult to locate an expert willing to testify against substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes a mistake that hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove because they involve complex laws and issues. A reputable medical malpractice lawyer will investigate your case to determine whether a doctor has violated their obligation to you.

Your attorney will determine if there was a doctor-patient connection between you and your physician which is required in any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standard of care in your state for doctors who have similar training, background and geographical location is fulfilled.

Doctors owe it to their patients to adhere to these standards without omission or deviation. A breach of duty means that the doctor did not meet your expectations and caused injury to you.

It is easy to prove an infraction of duty with the assistance of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions didn't meet the standards of medical care and provide reasons why a different 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 look at your medical malpractice law firms records and test results, prescriptions and imaging scans to create a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causation, the patient must demonstrate an immediate connection between the alleged negligence of the medical professional and their injury. In many instances, expert testimony is required and the assistance from an attorney who specializes in medical malpractice.

Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. A doctor's inability to recognize cancer or any other medical condition may have serious implications for the patient. In this case, the patient could suffer in pain that is not needed and could even die. In the absence of diagnosing the condition properly, the doctor may have committed a malpractice.

Proving that a medical professional or hospital has treated you in a negligent manner can be a long and tedious process. Evidence could come from range of sources, such as medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you in obtaining and understanding this evidence, as well representing you in the process of depositions.

It is crucial to remember that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists working in medical centers are expected to follow the current standards of treatment. A medical professional should be able to anticipate the consequences of his or qualifications and education.

Damages

In medical malpractice lawsuits the courts consider monetary damages that are designed to compensate the victim. The damages may include the cost of medical bills in the past or in the future or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment living. In some cases, punitive damages are awarded in some cases. They are reserved for the most egregious of actions that society would like to deter.

A medical malpractice claim typically begins with the filing of a civil summons and complaint in court. The parties will follow up with discovery. This is a procedure which requires the plaintiff and defendants to make statements under oath. This can include the request of medical records, for instance as well as deposing parties who are involved in a lawsuit and interviewing witnesses.

One of the first elements to establish in a medical malpractice case is that the doctor was under an obligation under law to provide medical care and treatment to the patient. The second aspect is that the doctor breached this obligation by not adhering to the medical standards of practice. The third factor is whether the breach caused harm to the patient.

It is crucial to understand that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state the 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.