What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient died) must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is aggrieved must demonstrate four legal aspects to win the case:

Duty of care

In any legal claim the plaintiff must prove that a person or entity had a responsibility to them under a duty of care, and they failed to perform this duty. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standard of treatment. This is usually determined through expert testimony.

Expert witnesses can help determine appropriate standards of medical practice and then demonstrate how a doctor has deviated from these standards in treating patients. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly responsible for the victim's injuries.

Expert testimony is essential, as jurors are often not familiar with anatomy and have seen a variety of medical dramas. This is especially important in medical malpractice cases as it isn't easy to establish a proper standard of care. In a case of medical malpractice the standard refers the level of skill in the field, the quality of care provided and the level of diligence that other doctors in similar specialties can demonstrate under similar circumstances.

In general, experts in medical malpractice cases are fellow physicians or medical malpractice lawyer surgeons who have the same qualifications and board certifications. It isn't easy to find an expert willing to testify regarding substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are challenging to prove due to complicated laws and issues. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor that is required to prove a malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine if they met what is referred to as the standard of care for doctors of similar backgrounds, training and geographical location in your state.

Physicians are required by their patients to follow these standards without omission or deviation. A breach of duty implies that the physician did not meet your expectations and this failure caused injury to you.

It is easy to prove a breach of duties with the assistance of expert witnesses and your attorney's research. Experts can testify to the reasons why the doctor's actions did not meet the standard of care and explain how another medical professional in similar circumstances would have different actions. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical records as well as test results, prescriptions and imaging scans to create an argument that proves your physician's breach of duty directly resulted in your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causation in a malpractice claim, an injured patient must establish a direct link between the alleged negligence and their injuries. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

Medical errors could include mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. The failure of a doctor to recognize cancer or other conditions may have serious implications for the patient. In this scenario, the patient could suffer unnecessary pain and even die. The doctor medical malpractice lawyer could have committed a mistake by not diagnosing the condition properly.

Proving that your doctor or hospital was negligent in treating you can be complicated and time-consuming. Evidence could come from variety of sources, including medical records tests, medical records, expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting this evidence, as representing you in the process of depositions.

It is also important to note that only a healthcare professional can be sued for misconduct. As opposed to receptionists in medical facilities, doctors and nurses are expected to act in accordance with prevailing standards of care. This means that a medical professional must be able of predicting the outcomes from their skills and education.

Damages

In medical malpractice claims courts will hear about financial damages intended to compensate the victim. These damages could include future or past medical bills, loss of wages, pain and discomfort, disfigurement or loss of enjoyment living. In certain cases punitive damages can also be awarded. These are reserved for particularly serious behavior that society has an interest in stopping.

A medical malpractice case typically begins with the filing of a civil summons as well as a complaint in court. The parties then engage in discovery. It is a process in which the defendant and plaintiff give statements under oath. This could include the request of medical records, for instance and depositions of the parties involved in a lawsuit and interviewing witnesses.

In a claim for medical malpractice it is crucial to prove that the doctor was legally bound to provide treatment and medical care to the patient. The second aspect is that the doctor violated that duty by failing to adhere the medical standards of practice. The third aspect is whether the breach resulted in injury to the patient.

It is vital to note that the statute of limitations (the legally-defined time frame within which a medical malpractice claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice occurred.