What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by patients who complain about the negligence of a healthcare worker. The patient, or or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must prove four elements of law:

Duty of care

To prove a legal claim, a plaintiff must prove that he or she was in the position of being owed a duty by another person or organization and that they did not fulfill it. In medical malpractice cases it is a doctor's duty to provide their patients with the appropriate standards of care. Expert testimony is often used to determine this.

Expert witnesses can assist in determining proper standards for medical practice and then demonstrate how a doctor departed from these standards while treating the patient. A plaintiff's attorney for medical malpractice must then demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential because jurors are usually not familiar with anatomy and have watched a number of medical dramas. This is particularly relevant in medical malpractice cases as it is often difficult to establish a proper standard of care. In a medical malpractice claim, the standard of care is referred to the skill level, quality of treatment and the degree of diligence shown by other doctors with similar specialties under similar circumstances.

Typically, experts in medical malpractice claims are fellow surgeons or doctors who have the same qualifications and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against each other) It can be challenging to find a qualified expert willing to defend a colleague against sub-standard care.

Breach of duty

When a doctor makes an error that causes harm to the patient, it is considered medical malpractice lawyers malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. A good medical malpractice attorney will evaluate your case to determine if a physician has violated their obligation to you.

Your attorney will establish that there was a doctor-patient connection between you and your physician, which is essential for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine if they meet what is referred to as the standard of care for doctors with similar education, background and geographical location within your state.

Doctors are required to follow the standards that their patients have set without omission or deviation. If they violate this duty, it means that the doctor did not fulfill those standards and resulted in injury to you.

It is simple to establish an infraction of duty with the help of experts and your attorney's investigation. Expert witnesses can testify to the reasons why the doctor's actions do not conform to the standards of care and then explain how a medical professional in similar circumstances would have acted differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records and test results, prescriptions and imaging scans to create a solid case that the breach of duty of your physician directly caused your injuries.

Causation

Most treatments come with some level of risk, but medical errors can increase those dangers. To prove causation in a malpractice claim an injured patient must prove a direct connection between the alleged negligence and their injury. In many instances, expert testimony is required along with the assistance from an attorney for medical malpractice.

Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious diseases or conditions. If doctors fail to recognize cancer or another condition this could have serious consequences for the patient. In this situation the patient may suffer in pain that is not needed and could even die. In the absence of diagnosing the condition correctly the doctor could have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in treating you is a lengthy and difficult process. Evidence can come from a variety sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you obtain and interpret this evidence, and also represent you during the deposition process.

It is also important to remember that only a healthcare professional can be sued for negligence. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to follow the current standards of treatment. A medical professional must be able to predict outcomes based on his education and expertise.

Damages

In medical malpractice cases, courts will consider monetary compensations that are meant to pay injured patients. These damages can include past or future medical bills or wages lost in the event of pain and discomfort disfigurement, or loss of enjoyment living. Punitive damages may be awarded in certain circumstances. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice case starts with the filing in court of an administrative summons. Then, the parties engage in discovery, a procedure where the plaintiffs and defendants are required to make disclosures under an oath. This can include requesting the exchange of documents, such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first things to establish in a medical malpractice case is that the doctor Medical malpractice lawyers was under the legal obligation of providing medical care and treatment to the patient. The second element to establish is that the doctor acted in breach of this duty by failing follow the medical malpractice law firms standard of care. The third factor is whether the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice has to be filed) vary from state state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice occurred.