What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by a patient who complains about the carelessness of a healthcare professional. The patient, or or estate in the instance of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial court. The patient who is aggrieved must demonstrate four legal elements to win the case:

Duty of care

In any legal action, the plaintiff has to demonstrate that a third party or entity was liable to them for a duty of care, and they failed to perform this duty. In medical malpractice cases it is a doctor's obligation to provide their patients with the appropriate standard of care. This is typically determined through expert testimony.

Expert witnesses can assist in determining the appropriate standards of medical practice and then demonstrate how a physician has strayed from these standards while treating a patient. A lawyer for a plaintiff's claim for medical malpractice needs to demonstrate that the deviation caused the victim's injuries.

Expert testimony is crucial, as jurors are often unfamiliar with anatomy and watched a lot medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers the level of expertise and care quality, as well as level of diligence that other physicians in similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons with similar training and accreditation. It is often difficult to locate an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are complicated issues and laws, making them difficult to prove. A good medical malpractice attorney will examine your case to determine if the doctor has breached their duty to you.

Your attorney will determine if there was a doctor-patient connection between you and your doctor, which is essential in any malpractice claim. Your attorney will look into your physician's decisions and actions to determine whether the standards of care in your state for doctors who have similar training, experience and geographical location is fulfilled.

Physicians are required to follow the guidelines established by their patients without deviation or omission. Breaching that duty means the doctor was not able to meet those standards and resulted in injury to you.

It is simple to establish an infraction of duty with the assistance of experts and your attorney's investigation. Those experts can testify as to why the doctor's actions did not conform to the standards of care and then explain how a medical professional in similar circumstances might have performed differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions to make a strong case that the breach of duty by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the causation, an injured patient must establish that there is a direct link between the alleged negligence of the medical professional and their injury. In many cases, expert witness is required and the assistance of an attorney for medical malpractice.

Medical errors include the misdiagnosis of serious ailments or illnesses. A doctor's failure to diagnose cancer, or any other condition could have grave consequences for the patient. In this scenario the patient could suffer inexpensive suffering and possibly even death. The doctor may have committed a mistake by not diagnosing the condition properly.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. The evidence you require could be from a variety of sources, such as medical records and test results, as and expert witness testimony and oral depositions. Your lawyer can assist you find and interpret the evidence as well as represent you during the deposition process.

It is important to note that only healthcare professionals can be sued for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to operate in accordance with the current standards of care. Medical professionals should be able to predict the outcome based on her education and skills.

Damages

In medical malpractice cases, courts will hear about monetary compensations that are meant to compensate injured patients. These damages could include future or past medical malpractice Law firm bills as well as loss of earnings in the event of pain and discomfort disfigurement or loss of enjoyment living. In some cases punitive damages could also be awarded. These are awarded to those who have committed particularly indecent conduct that society has an interest in preventing.

A medical malpractice lawyers malpractice lawsuit typically begins with the filing of a civil summons or complaint in court. The parties follow up with discovery. It is a process in which the defendant and plaintiff make statements under oath. This could involve seeking medical records or other documents and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a claim for medical malpractice, it is important to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second aspect to prove is that the doctor did not fulfill the duty by failing to follow the medical standard of care. The third element is whether the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.