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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient died) must prove that the negligence led to injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal action in any legal matter, the plaintiff must show that another person or entity owed them a duty of care and failed to fulfill this duty. In medical malpractice cases it is a physician's duty to provide their patients with the appropriate standard of treatment. Expert testimony is often used to establish this.

Expert witnesses can help determine the correct medical standards, and then prove that a physician deviated from the standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Expert testimony is vital because jurors are usually unfamiliar with anatomy and have seen a lot of medical dramas. In the case of medical malpractice this is crucial since it can be difficult to establish the standards of care. In a medical malpractice lawsuit, the standard refers to the level of expertise and care quality, as well as degree of diligence other doctors in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. It isn't easy to find an expert willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician commits a mistake that harms the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are challenging to prove because they involve complicated laws and concerns. However, a qualified medical malpractice lawyer will analyze the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient relation between you and your physician, which is necessary to prove a malpractice claim. Your attorney will review the actions and decisions of your physician to determine the level of care in your state for doctors with similar backgrounds, training, and geographic location is met.

Physicians are required to respect the standards set forth by their patients without omission or deviation. A breach of duty means that the doctor failed to meet your expectations and this failure resulted in injury.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions did or did not meet the standards of care and then explain how a medical professional in similar circumstances would have performed differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will examine your medical records and test results, prescriptions and imaging scans in order to construct an argument that the breach of duty of your physician directly contributed to your injuries.

Causation

Most treatments come with some level of risk, but medical errors can increase the risks. To prove the causation, the patient must demonstrate an immediate connection between the negligence of the doctor and their injuries. In many cases, this requires expert testimony and the assistance of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious illness is a frequent medical malpractice attorney error. If doctors fail to detect cancer or another disease this could have serious consequences for the patient. In this case the patient may suffer excessive suffering, and even die. By failing to diagnose the condition properly the doctor could have committed a malpractice.

Proving that your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. The evidence needed could include numerous sources, including medical records and test results, as well as expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and understanding this evidence, as being your advocate during the process of depositions.

It is also important to remember that only a healthcare professional is liable for malpractice. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of care. A medical professional should be able of predicting the outcome based on his education and expertise.

Damages

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

A medical malpractice case typically begins with the filing of an civil summons and complaint in the court. Then, the parties engage in discovery, a procedure that requires the plaintiff and defendants will make public statements under an oath. This may include asking for medical records as well as deposing parties involved in a lawsuit, and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor owed the legal obligation to provide medical care and treatment to the patient. The second element is that the doctor breached this duty by failing to adhere the standard of medical practice. The third aspect is that the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) differ from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice took place.