What Is a Medical Malpractice Claim?

A medical malpractice case is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or estate in the instance of a deceased patient must show that the negligence caused injury or harm.

Legal actions claiming medical malpractice are usually filed in state trial courts. To win a lawsuit, the aggrieved party must demonstrate four legal elements:

Duty of care

In order to prove a legal claim, a plaintiff has to show that he or she was obliged to perform a task by an individual or a company and that they failed to fulfill the obligation. In medical malpractice cases this is the physician's duty to provide their patients with the proper standards of care. This is usually determined by expert testimony.

Expert witnesses can help determine the appropriate standards of medicine and then explain how a physician has strayed from these standards while treating the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly accountable for the injury of the victim.

Expert testimony is crucial since jurors are often unfamiliar with anatomy and have watched a lot medical dramas. This is especially relevant in medical malpractice cases since it is often difficult to establish a minimum standard of care. In a medical malpractice claim the standard is the level of skill quality of care, as well as the degree of diligence that other physicians in similar specialties can demonstrate under similar circumstances.

In general, experts in medical malpractice claims are fellow physicians or surgeons who have the same qualifications and board certifications. It isn't easy to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove due to complicated laws and issues. A good medical malpractice attorney will review your case to determine if the doctor has violated their obligation to you.

Your attorney will establish that a doctor-patient relationship existed between you and your physician which is required for any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar training, background and geographical location is met.

Physicians are required by their patients to abide by these guidelines without deviation or omission. A breach of duty means that the doctor did not meet your expectations and this failure caused you injury.

It is simple to establish the breach of duty with the help of experts and your attorney's research. Experts can testify to why the doctor's actions did not meet the standards of medical care and also explain why a different medical professional in similar circumstances would have different actions. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans to create a convincing case that the breach of duty by your doctor directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, but medical errors can add to those dangers. To prove causality, a patient who has suffered an injury must demonstrate that there is a direct link between the alleged negligence of the doctor and the injury. In many cases, expert testimony is required along with the assistance from a medical malpractice attorney.

For example, not diagnosing a condition or a serious illness is a frequent medical error. A doctor's failure to diagnose cancer or any other medical condition could have grave consequences for a patient. In this scenario the patient could experience unnecessary pain and even end up dying. In the absence of diagnosing the condition correctly, the doctor may have committed a lapse of judgment.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. The evidence required could come from numerous sources, such as medical reports and test results as well as expert testimony from witnesses and oral depositions. Your lawyer can assist you obtain and interpret this evidence, and also represent you during the deposition process.

It is vital to understand that only healthcare professionals are liable for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to operate in accordance with the current standards of care. This means that a medical malpractice law firms professional should be able to foresee consequences depending on their experience and knowledge.

Damages

In medical malpractice cases, courts will hear about monetary compensations that are meant to help injured patients. These damages may include past and future medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. Punitive damages can be awarded in some cases. These are awarded only to egregious acts that society wants to discourage.

A medical malpractice lawsuit begins with the filing in court of a civil summons. Then, the parties will engage in discovery, a procedure where the plaintiffs and defendants will make public statements under an oath. This could involve asking for medical records and medical malpractice attorney depositions of the parties who are involved in a lawsuit and interviewing witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor had a legal duty to provide healthcare and treatment to the patient. The second element is that the doctor breached his duty by failing to adhere the medical standards of practice. The third factor is whether the breach caused harm to the patient.

It is vital to note 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, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.