What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the negligence of a healthcare worker. The patient (or his or her estate in the event of death) must show that the negligence led to injury or harm.

In general, lawsuits alleging medical negligence are filed in state court. In order to win a lawsuit the party seeking to be harmed must prove four elements of law:

Duty of care

To prove a legal claim, the plaintiff must prove that he or she was in the position of being owed a duty by a third party and that they did not fulfill it. In west Milton medical Malpractice attorney malpractice cases this is the physician's obligation to provide their patients with the appropriate standard of medical care. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining proper standards for medical treatment and then reveal how a physician has strayed from these standards in treating a patient. A plaintiff's medical malpractice attorney must then prove that this error was directly at fault for the injury suffered by the victim.

Expert testimony is essential for jurors, since the majority of jurors are not aware of anatomy and have watched several medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish the appropriate standard of care. In a medical malpractice claim the standard refers the level of expertise in the field, the quality of care provided and the level of diligence that other doctors with similar specialties have under similar circumstances.

Generally, experts in medical malpractice cases are surgeons or fellow doctors who have the same training and board certifications. Due to the "conspiracy of silence" among many 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 be a witness against a colleague for poor care.

Breach of duty

If a doctor makes an error that hurts the patient, it is medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. matteson medical malpractice law firm malpractice claims involve complex issues and laws, making them difficult to prove. However, a reputable medical malpractice lawyer will analyze the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required to prove a malpractice claim. Your attorney will also review your doctor's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar training, experience and geographical location in your state.

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

Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. These experts can testify that the doctor's actions weren't in line with the standard of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will examine your medical records as well as test results, prescriptions and imaging scans to create an argument that proves the breach of duty by your doctor directly led to your injuries.

Causation

All treatments come with a degree of risk, but medical errors can exacerbate those risks. To prove causation in a malpractice claim an injured patient must establish a direct link between the alleged negligence and the injury. In many cases, expert witness is required, along with assistance from an attorney who specializes in medical malpractice.

For example, not diagnosing a condition or a serious disease is a common error. The failure of a doctor to recognize cancer or any other illness, can have serious consequences for a patient. In this case the patient could suffer excessive suffering, and even die. The doctor could have committed malpractice by not properly diagnosing the condition.

Finding out if your doctor or hospital was negligent in treating you is a lengthy and difficult process. Evidence could come from range of sources, such as medical records and test results, as well as expert witness testimony and depositions. An attorney can help you locate and interpret the evidence and also assist you during the deposition process.

It is also important to remember that only healthcare professionals can be sued for malpractice. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of medical care. This means that medical professionals must be able to predict the effects depending on their experience and education.

Damages

In medical malpractice claims the courts are able to determine monetary damages that are intended to compensate the patient who was injured. These types of damages can include past and future medical bills as well as lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. In some cases the punitive damages may be awarded; these are reserved for particularly serious behavior that society has an interest in stopping.

A medical malpractice case begins with the filing in the court of an administrative summons. The parties then begin discovery. It is a process that requires both parties to make statements under oath. This could include requesting the exchange of documents like medical records, deposing parties 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 obligated to provide care and treatment to the patient. The second is that the doctor violated that duty by failing to adhere the standard of medical practice. The third element is that the breach caused harm to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice must be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice took place.