What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient who complains of carelessness of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. The aggrieved patient must prove four legal elements in order to win a case:

Duty of care

In order to prove a legal claim, a plaintiff needs to show that he or she was legally obligated to perform a duty by a third party and that they failed to fulfill it. In medical malpractice cases it is a doctor's obligation to provide their patients with the proper standards of medical care. Expert testimony is usually used to determine this.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a doctor has deviated from these standards while treating a patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly responsible for the victim's injury.

Expert testimony is crucial because jurors are usually not familiar with anatomy and have watched a lot medical dramas. In medical malpractice claims, this is particularly important because it is often difficult to establish the standards of care. In a medical malpractice claim the standard is the level of skill and care quality, as well as level of diligence that other physicians in similar specialties possess in similar circumstances.

In general, experts in medical malpractice claims are surgeons or fellow doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) it is often difficult to find an expert with the qualifications to testify against a colleague regarding sub-standard care.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. A reputable medical malpractice lawyer will review your case to determine if a physician has breached their duty to you.

Your attorney will establish a doctor-patient relationship existed between you and your physician which is necessary in any malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they complied with what is known as the standard of care for doctors with similar education, background and geographical location in your state.

Physicians have a responsibility to their patients to abide by these standards, without deviation or omission. A breach of duty means that the doctor didn't meet your expectations, and this has resulted in injury.

It is simple to establish an infraction of duty with the help of expert witnesses and your attorney's research. Experts can testify that the doctor's actions were not in accordance with the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans to create an argument that proves the breach of duty by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of many treatments. To prove causation in a malpractice claim the patient who has been injured must demonstrate a direct link between the alleged negligence and the injury. In many cases this requires expert testimony and the assistance of a presque isle medical malpractice attorney malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to diagnose cancer or another illness it could result in severe consequences for the patient. In this case the patient could suffer excessive suffering, and even die. In the absence of diagnosing the condition correctly the doctor could have committed malpractice.

Proving that a doctor or hospital did not treat you properly can be difficult and time-consuming. Evidence could come from a range of sources, such as medical records or test results, expert witness testimony and depositions. Your lawyer can assist you obtain and interpret this evidence as well as represent you during the deposition process.

It is important to keep in mind that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists at medical centers, are expected to adhere to current standards of care. Medical professionals must be able to anticipate outcomes based on his education and expertise.

Damages

In medical malpractice cases, the courts will be hearing about financial settlements intended to pay injured patients. These types of damages can include past and future winter garden medical malpractice lawyer - vimeo.com, bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some cases, punitive damages are awarded in some cases. These are awarded only to egregious acts that society wants to discourage.

A medical malpractice case begins by filing in court of a civil summons. The parties will then begin discovery. This is that requires both parties to make statements under oath. This could involve requesting the exchange of documents such as medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

In a case of medical malpractice it is essential to establish that the doctor was legally bound to provide treatment and medical care to the patient. The second aspect to prove is that the doctor violated that duty by failing to adhere to the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ 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.