What Is a Medical Malpractice Claim?

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

Lawsuits alleging medical malpractice are typically filed in state trial courts. To win a lawsuit, the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal action, the plaintiff needs to show that another person or entity had a responsibility to them under a duty of care and then failed to perform this obligation. In the case of medical malpractice, it is the duty of a doctor to provide the appropriate standard of care to their patients. Expert testimony is often used to establish this.

Expert witnesses can help determine proper standards for medicine and then show the ways in which a physician has deviated from these standards while treating the patient. A lawyer representing a plaintiff for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential because jurors are usually not knowledgeable about anatomy and have seen a lot of medical dramas. This is especially relevant when it comes to medical malpractice claims, as it isn't easy to establish a proper standard of care. In the context of medical malpractice cases, the standard of care is referred to the level of skill in the treatment, its quality and the degree of diligence shown by other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against one another), it can be challenging to find a qualified expert willing to provide evidence against a colleague in relation to the care that is not up to par.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. However, a qualified medical malpractice lawyer will analyze the facts of your case to determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient relationship between you and your physician, which is necessary to prove a malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians have a responsibility to their patients to abide by these standards without omission or deviation. A breach of that duty means that the doctor was not able to meet the expectations of his patients and resulted in injury to you.

Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions did not meet the standard of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans and prescriptions in order to build a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the dangers of many treatments. In order to prove causality, a patient who has suffered an injury must demonstrate an unambiguous connection between the negligence of the doctor and their injury. In the majority of cases, expert testimony is required along with the assistance from an attorney for medical malpractice.

Medical errors could include, for example, misdiagnosing serious diseases or conditions. A doctor's failure to diagnose cancer or any other medical condition can have severe consequences for a patient. In this situation, the patient may experience unnecessary suffering and even death. The doctor may have committed a malpractice by not diagnosing the problem properly.

Proving that a medical professional or hospital did not treat you properly can be difficult and time-consuming. The evidence needed could include numerous sources, such as medical reports and test results, as along with expert testimony from witnesses and oral depositions. Your lawyer can assist you in obtaining and understanding this evidence, as as representing you in the process of depositions.

It is also important to know that only healthcare professionals is liable for malpractice. Doctors and nurses, unlike receptionists in medical centers, are expected to adhere to current standards of care. That means that a medical malpractice lawsuit professional should be able to predict the effects from their skills and education.

Damages

In medical Malpractice law firm malpractice claims, courts hear about monetary damages intended to compensate the victim. These types of damages can include future and past medical bills loss of wages, disfigurement and pain, and loss of enjoyment of life. Punitive damages are awarded in a few cases. These are awarded only to criminal acts that society is trying to deter.

A medical malpractice case typically begins with filing a civil summons and complaint in the court. The parties then engage in discovery. This is a process in which the defendant and plaintiff take oaths to make statements. This could involve requesting the exchange of documents such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first things to prove in a medical negligence case is that the doctor was under the legal obligation to provide care and treatment to the patient. The second thing to establish is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third aspect is whether the breach caused harm to the patient.

It is important to note that the statute of limitations (the legally prescribed period within which a medical malpractice attorney negligence 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 which the underlying act of medical malpractice occurred.