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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the negligence of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements in order to win a case:

Duty of care

In any legal action in any legal matter, the plaintiff must demonstrate that a third party or entity owed them a duty of care and then failed to fulfill this obligation. In medical malpractice cases it is a doctor's duty to provide their patients with the proper standard of treatment. This is usually determined through expert testimony.

Expert witnesses can assist in determining the appropriate standards of medical practice and then demonstrate how a doctor departed from these standards while treating patients. A plaintiff's medical malpractice attorney must prove that the error was directly responsible for the victim's injury.

Expert testimony is essential because jurors are usually not familiar with anatomy and have seen a variety of medical dramas. This is particularly important in medical malpractice cases since it can be difficult to establish a reasonable standard of care. In a medical malpractice claim the standard is the level of expertise quality of care, as well as the level of diligence that other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and certification. It can be difficult to find an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that hurts the patient, this is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove because they involve complicated laws and issues. A good medical malpractice attorney will evaluate your case to determine if the doctor has breached their duty to you.

Your attorney will establish a doctor-patient relation between you and your doctor, which is necessary to prove a malpractice claim. Your attorney will look into your physician's decisions and actions to determine the level of care in your state for doctors who have similar training, background and geographical location is in place.

Physicians are required by their patients to follow these guidelines without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure resulted in injury.

Proving the breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to how the doctor's actions do not meet the standards of care and also explain why a different medical professional in similar circumstances would have behaved differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will examine your medical records and test results, prescriptions and imaging scans to create a convincing case that your physician's breach of duty directly contributed to your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove causality, a patient who has suffered an injury must demonstrate an immediate connection between the alleged negligence of the doctor and their injury. In many cases, expert witness is required, along with assistance of a medical malpractice attorney.

For example, not diagnosing a condition or a serious illness is a frequent medical error. The failure of a doctor to recognize cancer, or any other condition could have grave consequences for a patient. In this situation the patient could be suffering excessive pain or even die. If the doctor failed to diagnose the condition properly the doctor could have committed a mistake.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence required could come from numerous sources, such as medical reports and test results, as well as expert witness testimony and oral depositions. Your lawyer can help you in obtaining and understanding the evidence as well being your advocate during the process of depositions.

It is important to keep in mind that only healthcare professionals is liable for malpractice. As opposed to receptionists in medical facilities, doctors and nurses are expected to act in accordance to the standard of care. This means that a medical malpractice law firms professional should be able of predicting the outcomes from their skills and knowledge.

Damages

In medical malpractice cases, judges will hear about monetary compensations that are meant to help injured patients. These types of damages can include future and past medical bills as well as lost wages, disfigurement and pain and loss of enjoyment of life. In some instances, punitive damages may also be awarded; these are awarded to those who have committed particularly indecent conduct that society has an interest in stopping.

A medical malpractice case usually begins with the filing a civil summons as well as a complaint in court. Then, the parties will engage in discovery, which is a process that requires the plaintiff and defendants make statements under an oath. This could involve requesting documents like medical records and depositions of the parties involved in a lawsuit, and interviewing witnesses.

In a claim for medical malpractice, it is important to prove that the doctor 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 medical standard of care. The third aspect is that the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally prescribed period within which a medical malpractice 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 on the date that the underlying cause of medical malpractice occurred.