What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or the estate of the patient should the patient die) must prove that the negligence resulted in injury or harm.

In general, lawsuits that claim medical negligence are filed in state court. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:

Duty of care

To prove a legal claim, a plaintiff must prove that he or she was in the position of being owed a duty by another person or organization and that they failed to fulfill it. In the case of medical malpractice, it is the obligation of medical professionals to provide the highest standard of care for their patients. Expert testimony is often used to establish this.

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

Expert testimony is vital because jurors generally have only a basic understanding of anatomy and watch several medical dramas. In the case of medical malpractice it is crucial since it can be 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 degree of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and accreditation. It is often difficult to find an expert who is willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can lead to new injuries or make preexisting ones worse. wamego medical malpractice law firm malpractice claims are difficult to prove due to complicated laws and issues. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine whether a doctor breached his or her duty to the patient.

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

Doctors owe it to their patients to observe 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 straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to how the doctor's actions didn't conform to the standards of care and then explain how a medical professional in similar circumstances might have behaved differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records as well as test results, prescriptions and imaging scans to make an argument that proves your physician's breach of duty directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, but medical errors can add to those risks. To prove the cause of malpractice in a claim the patient who has been injured must establish a direct link between the alleged negligence and their injury. In many cases this requires expert testimony and the assistance of a lawyer for medical malpractice.

For Vimeo example, misdiagnosing a condition or a serious illness is a frequent medical error. The failure of a doctor to recognize cancer or any other illness can have severe consequences for the patient. In this scenario, the patient could suffer unnecessary pain and even die. The doctor could have committed a mistake by not diagnosing the issue properly.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence needed could include various sources, including medical reports and test results, as along with expert witness testimony and oral depositions. Your lawyer can help you in obtaining and understanding the evidence as well representing you in the process of depositions.

It is also important to note that only a healthcare professional can be sued for misconduct. Doctors and nurses, in contrast to receptionists in athens medical malpractice law firm facilities, are expected to adhere to current standards of medical care. This means that medical professionals should be able of predicting the outcomes depending on their experience and knowledge.

Damages

In medical malpractice cases, the courts will be hearing about financial compensations that are meant to compensate injured patients. These damages may include future and past medical bills loss of wages, pain and suffering, disfigurement and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. They are reserved for criminal acts that society is trying to discourage.

A medical malpractice case begins with the filing in court of a civil summons. Then, the parties engage in discovery, a procedure through which the plaintiff and defendants are required to make disclosures under the oath. This can include requesting the exchange of documents such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

In a case of medical malpractice it is vital to prove that the physician was legally obligated to provide treatment and care to the patient. The second element is that the doctor breached his obligation by not adhering to 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-required time frame within which a lawsuit 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 the date that the underlying cause of medical malpractice took place.