What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient complaining about carelessness of a healthcare worker. The patient (or the estate of the patient if the patient died) must show that the negligence resulted in injury or harm.

In general, lawsuits that claim medical malpractice law firm negligence are filed in state trial courts. The aggrieved patient must prove four legal elements to prevail in a case:

Duty of care

In any legal action, the plaintiff has to prove that a person or entity was liable to them for a duty of care and failed to perform this duty. In the case of medical malpractice, it is the responsibility of medical professionals to provide the appropriate standard of care to their patients. Expert testimony is often used to determine this.

Expert witnesses help to determine the appropriate medical standards and then show how a doctor did not follow the standards in their treatment of the patient. A medical malpractice lawyers malpractice lawyer for a plaintiff must prove that the deviation was directly responsible for the victim's injury.

Expert testimony is crucial since jurors typically are not aware of anatomy and are exposed to a lot of medical dramas. This is particularly important when it comes to medical malpractice claims, as it can be difficult to establish a minimum standard of care. In the context of a medical malpractice case the standard of care is referred to the level of expertise, quality of treatment and the level of diligence displayed by other doctors in comparable specialties under similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. It is often difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that causes harm to the patient, this is medical malpractice. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove since they are based on complex laws and issues. A good medical malpractice attorney will evaluate your case to determine if the doctor has violated their obligation to you.

Your attorney will establish the relationship was between a doctor and patient you and your physician, which is required in any malpractice claim. Your attorney will scrutinize the actions and decisions of your physician to determine if the standard of care in your state for doctors who have similar training, background and geographical location is fulfilled.

Doctors are required to adhere to the standards that are set by their patients without deviation or omission. Breaching that duty means the doctor was not able to meet those expectations and that failure resulted in harm to you.

It is easy to prove the breach of duty with the help of experts and your attorney's research. These experts can testify that the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans and prescriptions to make an argument that the breach of duty by the doctor directly contributed to your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. In order to prove causality, a patient who has suffered an injury has to show that there is a direct link between the alleged negligence of a doctor and the injury. In many cases this will require expert testimony and the help of a medical malpractice lawyer.

Medical errors can be the misdiagnosis of serious illnesses or conditions. If the doctor fails to identify cancer or other conditions, it can have severe consequences for the patient. In this case the patient could suffer unnecessary suffering and even death. The doctor may have committed a mistake by not diagnosing the problem properly.

Proving that your doctor or hospital was negligent in the treatment you received can be a long and complicated process. Evidence could come from a range of sources, such as medical records or test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and interpreting the evidence, as well being your advocate during the process of depositions.

It is vital to understand that only healthcare professionals are liable for malpractice. Contrary to receptionists at medical facilities, doctors and nurses are expected to act in accordance with the current standards of care. That means that medical professionals must be able to anticipate the consequences in light of their expertise and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages intended to compensate the patient who was injured. These damages can be based on future or past medical bills or wages lost, pain and discomfort, disfigurement, or loss of enjoyment of living. In some cases, punitive damages are awarded in certain circumstances. These are awarded only to the most egregious of actions that society would like to discourage.

A medical malpractice lawsuit typically begins with the filing of an civil summons and complaint in the court. The parties follow up with discovery. This is a process which requires the plaintiff and defendants to make statements under oath. This may include requesting documents like medical records and depositions of the parties involved in a lawsuit, and interviewing witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor was under an obligation under law to provide healthcare and treatment to the patient. The other element to prove is that the doctor did not fulfill the duty by failing to adhere to the medical standard of care. The third factor 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 an action for medical malpractice must be filed) differ from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice occurred.