What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient, or or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits that claim medical negligence are filed in state trial court. The patient who is affronted must prove four legal aspects to win the case:

Duty of care

In any legal matter, the plaintiff has to show that another person or entity owed them a duty of care and then failed to fulfill this duty. In the case of medical malpractice, this involves a physician's duty to provide their patients with the right standards of care. Expert testimony is usually used to establish this.

Expert witnesses can help determine appropriate standards of medical practice and then demonstrate how a doctor has deviated from these guidelines when treating patients. 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 essential as jurors are typically not knowledgeable about anatomy and have seen a variety of medical dramas. In medical malpractice claims this is crucial because it can be difficult to establish the appropriate standard of care. In a medical malpractice law firm malpractice lawsuit, the standard refers to the level of skill 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 usually surgeons or physicians with similar training and certification. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors not to speak against each other) it is often difficult to find a qualified expert willing to defend a colleague against poor care.

Breach of duty

Medical malpractice happens when a doctor makes an error that hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complicated laws and concerns. A good medical malpractice attorney will review your case to determine if a physician has breached their duty to you.

Your attorney will establish that a doctor-patient relationship existed between you and your physician, which is a requirement for any malpractice claim. Your attorney will look into your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar training, experience and geographical location is satisfied.

Physicians have a duty to respect the standards that are set by their patients without omission or deviation. If they violate this duty, it means that the doctor did not meet the expectations of his patients and caused injury to you.

Proving a breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions weren't in line with the standards of medical care and explain why a different medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty by your doctor directly resulted in your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the causation, the patient must prove that there is a direct link between the negligence of the doctor and their injuries. In the majority of cases, expert testimony is required as well as assistance of a medical malpractice attorney.

Medical errors can be the misdiagnosis of serious ailments or illnesses. If a doctor fails to recognize cancer or any other medical condition, can have serious consequences for the patient. In this scenario the patient may suffer unnecessary pain and even end up dying. By failing to diagnose the condition correctly, the doctor may have committed a malpractice.

The process of proving that your doctor or hospital did not treat you properly can be a long and complicated process. Evidence could come from variety of sources, including medical records and test results, medical Malpractice Attorney as well as expert witness testimony and depositions. Your lawyer can help you in obtaining and understanding this evidence, as representing you in the process of depositions.

It is also important to remember that only healthcare professionals can be sued for malpractice. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of care. A medical professional should be able of predicting outcomes based on his education and expertise.

Damages

In medical malpractice lawsuits the courts consider monetary damages that are designed to compensate the patient who was injured. The damages may include the cost of medical bills in the past or in the future as well as loss of earnings or income, pain and disfigurement, or loss of enjoyment of living. In some instances punitive damages can also be awarded; these are reserved for particularly serious behavior that society is interested in preventing.

A medical malpractice claim typically starts with the filing of a civil summons or complaint in the court. The parties then engage in discovery. This is a procedure where the plaintiff and defendants take oaths to make statements. This could include the request of medical records, medical malpractice attorney for instance taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a claim for medical malpractice it is essential to prove that the doctor was legally obligated to provide treatment and medical care to the patient. The other element to establish is that the doctor did not fulfill the duty by failing to follow the medical standard of care. The third aspect 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 an action for medical malpractice has to be filed) vary from state states. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.