What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of carelessness of a healthcare worker. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. The aggrieved patient must prove four legal elements to prevail in the case:

Duty of care

In order to prove a legal claim, a plaintiff has to demonstrate that they was in the position of being owed a duty by a third party and that they failed to meet the obligation. In the case of medical malpractice this is the physician's duty to provide their patients with the proper standard of medical care. Expert testimony is usually used to establish this.

Expert witnesses can help determine the appropriate standards of medicine and then show the ways in which a physician has deviated from these standards while treating a patient. A plaintiff's Medical Malpractice Law Firms malpractice attorney must then show that this error was directly at fault for the injury suffered by the victim.

Expert testimony is crucial as jurors are typically not familiar with anatomy and have seen a lot of medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the standards of care. In the context of a medical malpractice lawsuit malpractice case, the standard of care refers to the skill level, quality of treatment and the level of diligence displayed by other doctors in comparable specialties in similar situations.

Experts in medical malpractice cases are usually surgeons or doctors with similar training and certification. It is often difficult to find an expert willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error that hurts the patient, it is considered medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove since they are based on complex laws and issues. An experienced medical malpractice attorney will evaluate your case to determine if a physician has breached their duty to you.

Your attorney will establish a doctor-patient connection between you and your doctor, which is necessary to prove a malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine if the standard of care in your state for doctors who have similar training, experience, and geographic location is in place.

Physicians owe a duty to their patients to adhere to these standards without deviation or omission. A breach of duty means that the doctor didn't meet your expectations and resulted in injury.

Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to the reasons why the doctor's actions do not conform to the standards of care and explain how another medical professional in similar circumstances would have behaved differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans to make a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the causality, a patient who has suffered an injury must establish that there is a direct link between the negligence of the medical professional and their injury. In the majority of cases, expert testimony is required, along with assistance of a medical malpractice lawyer.

For instance, a mistake in diagnosing an illness or illness is a frequent medical error. If doctors fail to recognize cancer or another disease this could have serious consequences for the patient. In this scenario the patient could suffer unneeded suffering, or even death. If the doctor failed to diagnose the problem correctly the doctor could 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 needed could include various sources, including medical reports and test results, as and expert witness testimony and oral depositions. Your lawyer can help you in obtaining and interpreting this evidence, as well as assisting you during the process of depositions.

It is also important to remember that only a healthcare professional can be sued for negligence. Doctors and nurses, unlike receptionists in medical facilities, are expected to adhere to current standards of treatment. This means that a medical professional should be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice cases, the courts will consider monetary compensations to compensate injured patients. These damages can include future or past medical bills as well as loss of earnings or income, pain and disfigurement, or loss of enjoyment living. In some cases punitive damages could also be awarded. These are reserved for the most egregious behaviour that society is interested in preventing.

A medical malpractice case usually begins with the filing an civil summons and complaint in the court. Then, the parties engage in discovery, a process where the plaintiffs and defendants are required to make disclosures under swearing. This could include requesting the exchange of documents such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a case of medical malpractice, it is important to prove that the physician was legally bound to provide treatment and care to the patient. The second aspect to establish is that the doctor breached the obligation by failing to follow the medical standard of care. The third factor is whether the breach caused harm to the patient.

It is important to remember that the statute of limitations (the legally prescribed period 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 the date that the underlying cause of medical malpractice occurred.