What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of the negligence of a healthcare professional. The patient (or his or her estate should the patient die) must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. To prevail in a lawsuit, the party seeking to be harmed must demonstrate four legal elements:

Duty of care

To establish a legal claim, a plaintiff must demonstrate that he/she was legally obligated to perform a duty by a third party and that they did not fulfill the obligation. In medical malpractice cases it is a physician's obligation to provide their patients with a proper standard of treatment. Expert testimony is usually used to determine this.

Expert witnesses can help determine the appropriate standards of medicine and then show the ways in which a physician has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is essential since jurors are often unfamiliar with anatomy and have watched a lot medical dramas. This is particularly relevant in medical malpractice claims as it can be difficult to establish a reasonable standard of care. In the context of a medical malpractice case, the standard of care refers to the skill level, quality of treatment and the degree of diligence shown by other physicians in similar specialties in similar circumstances.

In general, experts in medical malpractice claims are fellow surgeons or doctors with similar qualifications and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not admit to a case against each other), it can be challenging to find an expert with the right qualifications to defend a colleague against inadequate care.

Breach of duty

If a doctor makes an error which harms the patient, it is medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be difficult to prove due to complex laws and issues. However, a qualified medical malpractice lawyer will look into the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish a doctor-patient relationship between you and your physician, which is necessary for any malpractice claim. Your attorney will look into the actions and decisions of your physician to determine the level of care in your state for doctors who have similar training, experience, and geographic location is met.

Physicians are required by their patients to adhere to these standards without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and resulted in injury to you.

Proving a breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to why the doctor's actions do not meet the standard of care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your roswell medical malpractice law firm records tests, prescriptions, test results and imaging scans in order to construct an argument that proves the breach of duty of your physician directly resulted in your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causation, the patient must demonstrate that there is a direct link between the alleged negligence of the doctor and their injuries. In many instances, expert testimony is required along with the assistance of a medical malpractice attorney.

For example, not diagnosing an illness or disease is a common error. The failure of a doctor to recognize cancer or any other illness may have serious implications for patients. In this situation, the patient could suffer unnecessary pain and even end up dying. If the doctor failed to diagnose the condition properly the doctor could have committed a lapse of judgment.

Proving that a doctor or hospital failed to treat you appropriately isn't easy and takes a lot of time. The evidence needed could include numerous sources, including medical reports and test results, as along with expert witness testimony and oral depositions. Your attorney can help you obtain and interpret this evidence, and also represent you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. Doctors and nurses, in contrast to receptionists in kingman medical malpractice Lawsuit centers, are expected to adhere to current standards of treatment. That means that a medical professional should be able to anticipate the consequences in light of their expertise and education.

Damages

In medical malpractice cases, the courts will hear about monetary settlements intended to pay injured patients. These damages can be based on the cost of medical bills in the past or in the future and lost wages or income, pain and disfigurement, or loss of enjoyment of living. In certain cases punitive damages could also be awarded; these are awarded to those who have committed particularly indecent conduct that society is interested in stopping.

A medical malpractice case typically starts with the filing of a civil summons as well as a complaint in court. The parties then begin discovery. This is a procedure which requires the plaintiff and defendants to give statements under oath. This can include requesting the exchange of documents, such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first elements to establish in a medical malpractice case is that the physician had a legal duty to provide medical care and treatment to the patient. The other element to prove is that the doctor breached the obligation by failing to follow the medical standard of care. The third element is whether the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to 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 which the underlying act of medical malpractice occurred.