What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient claiming the negligence of a healthcare professional. The patient, or his or her estate in the case of a deceased patient, must show that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. To win a lawsuit, the party seeking to be harmed must demonstrate four legal elements:

Duty of care

In any legal case, the plaintiff has to show that another person or entity had a legal obligation to care, and they failed to fulfill this duty. In medical malpractice cases, it is the duty of doctors to provide the appropriate standard of care to their patients. Expert testimony is usually used to establish this.

Expert witnesses can help determine appropriate standards of medical practice and then demonstrate the ways in which a physician has deviated from these standards when treating a patient. A plaintiff's attorney for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is crucial, as most jurors have only a basic understanding of anatomy, and they watch numerous medical dramas. This is particularly important in medical malpractice cases since it is often difficult to establish a standard of care. In the context of a medical malpractice case the standard of care refers to the level of expertise as well as the quality of treatment and the degree of diligence shown by other doctors in comparable specialties under similar circumstances.

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

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove because they involve complex laws and issues. A reputable medical malpractice lawyer will investigate your case to determine whether a doctor has violated their obligation to you.

Your attorney will determine if there was a doctor-patient relationship between you and your physician, which is essential for any malpractice claim. Your attorney will examine the actions and decisions of your physician to determine whether the standard of care in your state for doctors with similar training, backgrounds and geographical location is fulfilled.

Physicians are required by their patients to abide by these standards, without deviation or omission. A breach of duty implies that the physician did not meet your expectations and resulted in injury to you.

Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions didn't conform to the standards of care and also explain why a different medical professional in similar circumstances might have performed differently. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to create an argument that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. In order to prove causation, an injured patient must demonstrate an unambiguous connection between the alleged negligence of the doctor and their injuries. In many cases, this requires expert testimony and the help of a medical malpractice lawyer.

For instance, medical malpractice lawsuits a mistake in diagnosing an illness or illness is a frequent medical error. If a doctor fails to diagnose cancer or another disease it could result in severe consequences for the patient. In this case the patient could suffer unnecessary suffering and even death. The doctor could be negligent for not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in the treatment you received can be a long and complicated process. The evidence required could come from numerous sources, such as medical reports and test results, as and expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and interpreting the evidence as well as assisting you during the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. In contrast to receptionists in medical centers, doctors and nurses are expected to operate in accordance with the current standards of care. That means that medical professionals should be able of predicting the outcomes depending on their experience and education.

Damages

In medical malpractice cases courts will hear about financial damages that are designed to compensate the injured patient. 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. In some instances punitive damages could also be awarded; these are reserved for the most egregious actions that society has an interest in stopping.

A medical malpractice lawsuit typically 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 in which the plaintiff and defendants make statements under an oath. This could include requesting the exchange of documents, such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor had an obligation under law to provide medical care and treatment to the patient. The second element to establish is that the doctor violated that duty by failing to adhere to the medical standard of care. The third element is that the breach caused harm 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, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice occurred.